Logging "Off Duty, Driving"

The one doing the work also signs his name to the forms .

 

RickG,I understand the part of not being under dispatched while driving and logging offduty, but what would happen if for some unknown reason if that driver were involved in an accident. You're actually driving, but logging offduty!!

 

Man all I can say is I'm sure glad to be a company driver... With that said I know by reg's I'm required to log all time spent cleaning and turning a wrench on this truck. So that gives me another option to take, I will pay the youngster at the house to do that, Hummm she needs a car, This could work well, or not.

 

It's in the regs (the DOT bible) that you can use a CMV for personal use (i.e. go to Wal-Mart, restaurant, movies, etc.) when not under dispatch or laden. Therefore, if you're in a wreck during a situation like that, you would still be legal.

However, you would have to immediately log line 4 (On Duty Not Driving) at whatever time the accident occurred until you are free to leave the scene.

 

Its a good thing the "REAL WORLD" doesn't reflect the commentary of on-line forums.
Because there would be literal hundreds of thousands
of double O's busted.

We keep the IRS happy and NEVER SWEAT the DOT hounds.

 

Time waiting to be repaired is line 4 also, it's how you can utilize your time.
Can you: go to the sleeper while they repair your equipment? if yes go to the sleeper.
Can you: Go to eat while they repair you? If so log it as of duty

However make sure you are really doing the above, such as if you log off duty u must be away from the truck /eating etc.

 

Here's the thing............how ya gonna prove who held the socket wrench while the truck was in the barn at your farm? Motor carriers are required in the rules to keep a record of all repairs on all equipment both owned and leased including the name of the repair person. But the name of the repair person could be John Doe, or Jimmy Joe Bob Redneck Bubba. The hard ones are the repairs completed after a state or federal inspection. The O/O/S repairs are naturally made on the spot. But what about the non-O/O/S defects found? Part 396.11(c) requires these defects to be repaired before you use the vehicle again. Legally under this requirement, when you stop that evening at the truck stop, those defects must be repaired according to the rule. That time would definitely need to be line 4. There is a database that a motor carrier officer may look and see all inspections on drivers, or at least it was being set up at the time of my retirement. If they look those up & see the non O/O/S defects that weren't repaired and it's 3-days later you just received a citation for a violation of 396.11(c) on top of everything else that officer finds.

Canada is the hard one. Most Canadian Provinces require the repairman to be licensed and put their name and license number on the repair receipt.

 

You must have a record of any inspection performed.

Carriers that use O/Os and offer the laughable monthly maintenance sheets are often cited for failing to retain the required records. Especailly for repairs associated with roadside inspections. More than one carrier has been prosecuted for Part 390.35 for signing off on roadside inspections prior to the repairs being completed.

Regarding the original question, the log would be false. Driving the truck home for repairs is on-duty driving.

Depending on the nature of the work it may require an authorized brake inspector per 396.25. A common mis understanding is the portion regarding drivrs that pass the air brake tests:

A driver that passes the air brake portion of the CDL test may inspect brakes, not repair brakes.

The FMCSA has indicated brake repair receipts from a reputible shop would subsitute the need to maintain proof of a brake repairman's qualification; however, now the question begs how far from the house was the repair made.

In accordance with CVSA standards non-OOS violations must be repaired once the vehicle delivers the load before the vehicle is dispatched on any subsequent run. Again repair receipts would have to be provided to document who performed the work.

Most shops allow only employees in the garage due to insurance issues. On more than one occassion shops have been called to verify whether they allowed drivers in the garage.

That must be because you lease to a motor carrier. O/Os that lease their vehicles to other fleets cause the motor carrier to be penalized on a regular basis.

Be safe.