Off duty question

This is exactly what's happening. No other inspector I'm come across is writing violations if you're not logged on duty the whole time so I question whether it should be at all.

 

I don't think that would fly in Missouri. My DataQ response said since you have to monitor your phone or cb to know when you're loaded, I'm sure sitting in the lounge waiting for them to tell you you're loaded is going to be on duty in their eyes.

 

This was my argument to the inspector. I said if it takes 10 hours to get loaded am I supposed to log that all on line 4, then take a fresh 10 hr break? He said "yep."

 

I often wonder just how many drivers actually follow this DOT definition of (on duty)

If you follow this TO THE LETTER. you must log line 4 for things like sitting in safety as they go over your work. meetings. Writing up a problem with your truck and submitting that said problem with the shop. Walking around looking for a loaded trailer. Standing while waiting to be dispatched. Talking to your dispatchers. I know I left things out. Think about this!

 

This is the only argument I can see FOR logging on duty. It's hard to expect to be paid detention when you're not even on the clock.

 

Why were you discussing your logs with an inspector? You don't do this. They ask a HOS question you ALWAYS refer back to the log book and close your mouth!

 

Because I got pulled over for a level 3. He wrote a violation I strongly disagreed with. Of course I'm going to debate it.

 

This point about discussing logs with enforcement officers really gets my dander up. These people are taking continuing training. They are trained on how to do gotchas. Then they sit and laugh among themselves at how stupid truckers are. Time and time again I see inspection forms where I ask the driver how did they know this or that. Only to find out they commented to the officer. These people are NOT YOUR FRIENDS! They don't give a rats patoot about you. You will not make the encounter go any better by talking to them. Keep your distance and keep that piehole closed.

 

So what are you supposed to do? Just let them write all the violations they want? They know the game. They write warnings so you can't challenge in court. This officer told me straight up he was writing me this violation about being on duty, then followed it up by saying "nobody has beat it yet" when I suggested I would DataQ challenge it. DataQ appeals go right back to the issuing agency, so you have zero chance of it getting overturned. I'm not just going to sit there and bend over and grab my ankles hoping for the best.

 

You stay quiet. If the officer is going to be a dick you can't stop it. And getting into a pissing contest roadside won't fix this. The thing is any violation that involves money you can take to court and fight. Then the officer will have to tell the Judge just how he knew something.