34 hour reset logging question.

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by RunningAces, Oct 4, 2020.

  1. Cattleman84

    Cattleman84 Road Train Member

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    I dont see a multi million dollar law suit coming from moving a vehicle under 20 mph on private property... But I do see what you're getting at. The FMCSA needs to go through the regs and clean out all the contradictions... They need to pick either have thier cake, OR Eat thier cake... They shouldnt be able to have both.
     
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  3. ZVar

    ZVar Road Train Member

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    Well, it would not be for happening once, it would be a "systematic disregard for operating in a safe, legal manor" or so other bs wording that basically says "Hey we found a technically and my client hit your parked truck and killed himself, so because of that you owe our client (dead idiot's family) 90 million dollars.
    After all the Werner suit was basically that. Most of the arguments I read was how Werner has poor training. Not who was at fault in that specific case, but that Werner basically didn't hire million mile accident free drivers.

    Heck, I'd be happy if they would simply clean up the guidance. There's still one talking about requiring 8 hours in the sleeper (not for a split).
     
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  4. gentleroger

    gentleroger Road Train Member

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    How about this one:
    • ops sent a driver a message to call in the morning
    • Driver completed a 10 hour break and called in, had a short converstation about appointment times , then waited 10 minutes for ops to call him back with an answer. Then waits an hour to start his pretrip.
    • Driver gets into a fender bender with a pov. I don't remember the details but it was "both y'all are Grade A morons " situation.
    • POV sues and wins because our driver was "fatigued " and "in violation of the HOS" because of the phone calls with ops.
    It's entirely bogus, but it's the world we exisit in. Any hint of contributory negligence is enough to kill a company.

    And as Zvar said - this isn't settled, black letter law. Depending on how you read the regulations an argument can be made that scaling and adjusting your tandems should be logged on the drive line.
     
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  5. Powder Joints

    Powder Joints Subjective Prognosticator

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    No but you cannot be logged as sleeper. I just log off duty always have, except if I am doing a split. split is the only time I log sleeper.
     
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  6. Powder Joints

    Powder Joints Subjective Prognosticator

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    Not true, the time out of the sleeper can not be logged as sleeper, but the time in the sleeper can be logged as off duty.
     
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  7. Powder Joints

    Powder Joints Subjective Prognosticator

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    You are not required to log phone call as on duty.
     
  8. gentleroger

    gentleroger Road Train Member

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    Yes, I am well aware of the interpretation that says short phone calls are not required to be logged on duty. However interpretations have no force of law, and the judge ruled the argument valid, thus letting the jury decide for themselves.

    The rules are ambiguous, their implementation is haphazard, and enforcement is all over the place.
     
  9. gentleroger

    gentleroger Road Train Member

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    I invite your thoughts on 395.8 (h) (2) :

    Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in §395.2.
     
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  10. Dieselboss

    Dieselboss Technology Contributor

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    Related, I have seen many drivers log all of their sleeper time as Off Duty and pass inspections. Technically, time in the actual rack is suppose to be logged as sleeper, but lots of inspectors don't seem to trigger as long as there are 10 hours off duty showing instead.
     
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  11. scottied67

    scottied67 Road Train Member

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    Bad advice. All time in the sleeper must be logged as sleeper. Any other status showing while your body is in the sleeper is log falsification. True, sleeper time is off duty time but it is a specific place in the Universe where you are taking that off duty time which must be logged truly, completely and accurately. It is in the green book.
     
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