Bad Advice

Discussion in 'Trucking Industry Regulations' started by Mike_MD, May 15, 2009.

  1. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

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    Do you put fuel in your car? Can you show me where it says you have to log it when you fuel your car? Driving is a normal part of my duties yet I can drive my CMV off duty not driving when relieved of responsiblity.

    Can you Cite a section of FMCSR Stating that it can't be fueled under Personal Conveyance? I'm refering to the tractor of course because obviously if you refuel a reefer you are still under a responsiblity if you have a load on.

    It is just an arguement that can't be won on the side of the road. It's kind of like the State Trooper that cited my for ice on my trailer blowing off when in fact there is no such statute in NJ covering that. The Statute they have only covers if injury or damage occurs.

    It's a slippery slope but you can't just say it's not legal because you say so. Please find were it states you can't fuel under Personal Conveyance.

    There is no limit on how far you can travel under Personal Conveyance. Common sense would dictate that if you bobtailed home from one state to another and needed fuel you would fuel it.... just like your car offduty.
     
    FriedTater and drivinhome Thank this.
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  3. psanderson

    psanderson Road Train Member

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    I just showed you at 395.2 (one of my previous posts). The rules make no distinction for personal use. But they CLEARLY tell you that servicing the vehicle is duty time no matter when it's completed.
     
    Last edited: May 16, 2009
  4. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

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    Like I said it's a slippery slope.

    I wouldn't fuel during a break but one could argue the definition of Servicing, or were you put the smiley (Performing any other work in the capacity employ or service of a motor carrier) This quote would lead me to believe that Danc694u is probably correct that you can't use a company fuel card while in Personal Conveyance which defeats fueling without logging it anyway for the purpose of a shower.

    Truthfully it really is Bad Advise.
     
  5. DannyB

    DannyB Medium Load Member

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    I don't pull a reefer so this is something I've never encountered. But, am I understanding this correctly? If you are on a 34, and the reefer needs fueled, you are NOT ALLOWED to take said 34 hour reset?
    Sounds a lot like the "You MUST take a 10 hour rest break but you MUST suffer whatever temperature extremes you encounter because you CANNOT idle your truck" rules.
     
  6. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

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    Prime Safety Director says you can, but we all seem to be in agreement that a reefer can't be fueled during a 34 reset without having to restart the break.

    I guess if push came to shove and you wanted to be 100% legal you could try and get someone else to move and fuel it for you.
     
    Last edited: May 16, 2009
  7. FriedTater

    FriedTater Keeper of The Snakes

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    Ya ll just beat them while your out there,the odds per population will Always be in the Drivers Favor.

    Dont let the Fed's intimidate you,just because the law is there doesn't mean it will be enforced(much less on the side of the road)
     
  8. psanderson

    psanderson Road Train Member

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    Or a 10-hour break either
     
  9. dancnoone

    dancnoone "Village Idiot"

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    Maybe I can add some additional light on this for you, and HardlyWorking.

    The mere fact that you "flag" fueling the reefer, is the point. That flag goes into the "on duty, not driving" segment.

    Therefor you break the cycle.

    Using a company truck for personal conveyance, is a side issue. The DOT regs allow this as a courtesy. They don't really expect you to live in your truck.

    As for citing the law that allows this. NO WHERE in the code do you find the allowance of personal conveyance usage, after being shut down for being over on your hours.

    But KY will allow a driver to drop trailer, and bobtail to the nearest truck stop to take his reset. Again, this is only professional courtesy.

    But again, buying fuel with your personal monies can circumvent this issue. The only thing you have to make sure of when that occurs. The date on the receipt, if you turn it in. You can make any time up, on a cash receipt. :)
     
  10. RickG

    RickG Road Train Member

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    For the shower question before your restart only put in just over50 gallons of fuel a couple of times for extra showers . You can just stop the pump and reset it on the same fillup . As for crapping in the sleeper a restart can be broken up into any number of sleeper and off duty combinations .
     
  11. ironpony

    ironpony Road Train Member

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    The only thing you must remember is the time/date claimed must correspond to a time/date your log book shows you were at the location on the receipt... like 15-seconds before you departed the location.

    Depends on how the fuel card works... with mine, I'd have to call the company fuel desk and get the stop reauthorized each time...

    For Christ's sake... this is ridiculous. Taking 30-seconds to respond to QC message, and I have to start over? If one were so much of a martinette as to cite a driver for taking 30-seconds to respond to QC message and claim they broke the rest cycle for that, then it's time to turn the entire country into Minnesota and totally stop commerce.
     
    Last edited by a moderator: May 17, 2009
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