34 Hour Restart

Hmm, normally I defer to your expertise in such matters, but I would suggest that the statement is vague enough that it could be interpreted as not being required to be carried in the truck either. Thus, if a carrier and driver agree that such instruction has been given and received, even though there is no current document to support that (or at least in the driver's possession at that moment), it would seem as if that is acceptable.

Is there any further definition of exactly what "retention" means ... specifically in relation to said documents in the truck?

 

Q: If the truck or trailer gets hit while the driver is off duty inside the truckstop who is responsible to report the accident?

A: The driver is no matter if he has that form or not the driver is still responsible for the truck, trailer, load etc.

I would take hometime were you are legaly off duty.
But the company I worked for still required me to check on the truck daily and I was responsible for all damages even though I was off duty and it was oparked at a truckstop.

 

Nope. Must be retained by the driver to prove he/she has permission to log off-duty in case the driver is inspected........no proof, no log off duty.

 

Must be relieved of all responsibility. Will the driver report it.....absolutely. But he cannot be held responsible for the accident because of the written permission that clears him/her while working. While at home you're not working reasonably speaking but you and I have a problem with the carrier in this instance to wit: How would you get your 34-hour restart? If the carrier required this you would be on-duty and break the rest period while ensuring the safety of the vehicle. In addition, this permission is just for meal periods etc and has nothing to do with home time. You're talking apples & oranges if the carrier required you to do this while at home.

 

That's what I have from my company, a wallet size meal card. Thanks psanderson for the insight you provide. Not to blow smoke up ur ##### but if I was gonna take somebodies word for a true on the regs. It would be yours. Thx again

 

We have two sides here. Under dot, if the truck is hit while the driver is inside and off duty eating, all is well.

The point being made is that the company will still hold the driver responsible for the damages.

 

That is one of the reasons that why when you do your 34 hour restart on the road, it must be logged in the sleeper, unless as I have said- the company has given you written permission in order to take off duty time, and you have confirmed it. Also, when your truck is in your company's yard for the weekend, it should be a closed yard and if your company does hazmat work, then according to the rules it has to be limited to employees of the company only and have cameras in place on it. If the company has authorized you to go home over the weekend while your truck is on their yard, they(the company) is responsible for it, not you. This is why most companies make you unhook from your trailer over the weekend if you are loaded. Therefore, as I have said the only way that you can do a full 34 hour restart on off duty line 1 is if you are at home or at your domicile terminal. Anywhere else you would have to use a combination of both line 1 and line 2 or you are technically illegal.
I may be getting technical and touchy, but like I said--you get the "right" DOT officer on the job and he will too. Everything that psanderson has said, I also have said and cited just for you all's info.

 

FYI: I am a retired federal DOT official. I was not a state person that thinks he/she knows. I am telling you that you are wrong about doing 34-hours in the sleeper while on the road!!!!!!!!!!!!!!!!!!!!!!!!!

On your 34-hours you are not under the control of the carrier and the written permission is inapplicable because it is only used if you are on duty. If on the road you still log line 1 & 2. You cannot log in the sleeper berth when not in there and while eating or another such time you are not in the sleeper. If while you are on your 34-hours while away from your home terminal and you get a motel room you are not in your sleeper berth. If you are watching a movie at the cinema while on your rest you are not in the sleeper. If you are eating a meal at the truck stop while on your 34-hours you are not under the control of the carrier and not in the sleeper. If you have a day cab & you are on your 34-hours away from your home terminal you can't log line 2 because you don't have a sleeper berth as defined at 393.76. Nothing in this rule requires you to sleep in the sleeper for 10, or 34-hours either.

Your statement clearly suggests that you never eat while on the road or while taking a 10-hour, or 34-hour rest period.....................boy I wish I were as skinny as you must be, no offense intended not to mention that you may be medically disqualified because of not eating causing all kinds of medical abnormalities by not eating & just sleeping in the sleeper berth! One of these days you will run into a state or federal DOT officer that does know the rules and will question your rest activity in this manner, and in all likelihood you will be placed out of service for false report of your record of duty status because you must eat sometime and you can't be in the sleeper while eating unless you wish to live with ####roaches in your sleeper, again no offense intended. But you need to wise up & stop making silly statements like above.

Line 2 (sleeper berth) is only used if:
a. you have a sleeper berth as defined at 393.76, and,
b. you are in it.

You really need to look at the definition of off duty and sleeper berth time at 395.8(h)(1) and (2)....here it is:

(h) Graph grid preparation. The graph grid may be used horizontally or vertically and shall be completed as follows: (1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work. (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 Sec. 395.2.

Nothing in this rule says anything about being at a terminal, cameras, or disconnecting the tractor from the trailer. It's as clear as the nose on your face in black & white sir!!!!!!!!!!!!!!!!!!!

It's no different than obtaining your 10-hour rest. If you do 10-consecutive hours it can be a combination of line 1, and 2. But line 2 is only used while you're in the sleeper, assuming you have one. While on your 10-hours you are not legally under the control of the carrier, and the written permission is a moot point because this is only used while in a duty status (working). You must consider the applicable portions of the definition of on-duty time at 395.2. Here it is:

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection [[Page 462]] site, in order to comply with the random, reasonable suspicion, post- accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; Performing any other work in the capacity, employ, or service of a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier.

The above is where, and only where you use an off-duty memorandum (written permission to log off-duty) for meals and other short periods. There's nothing in this definition Re while resting is there!!!!!!!!!!!!!!!!!!!!!!!

You only use the written permission while under the control of the carrier during on duty time with the carrier only, and then for only meal periods and other such short periods.

Again, it's the apples & oranges theory because the off-duty written memorandum/permission is only for meal periods and other such short periods of time while you are on-duty and not for obtaining a complete rest period as you suggest. Obtaining a legal rest period does not fall under meals and other such times, nor does it fall under the definition of under the control of the carrier (applicable portions of on-duty time).

Sorry but your statement doesn't hold water Re. logging 34-hours in the sleeper.

 

Well all i can say is i am not a dot officer nor do i claim to know all the rules but i stated most of what psanderson said a few pages back when trying to tell timtruck but he was not listening. Thanks psanderson and where were you on that gun issue i could have used some help there LOL

 

Guns are not my forte. I use them but I don't think my expertise runs there in this regard. But I did used to shoot National Match .45 at Camp Peary in Port Clinton, OH.

I can reasonably believe that timtruck has never studied the law, nor the rules in 49 CFR for any period of time. He has his impressions from what he has read and/or understood, but he clearly hasn't thought about what he has read and therefore puts 2 and 2 together and it adds up to 17,397 again with no offense intended.