34 Hour Restart

Some companies have a written permission for meals and breaks printed in the log books they issue drivers. I've always had the understanding this was sufficient... but I don't have one handy and do not remember it detailing periods of time. Would that be satisfy the written permission requirement or only if it includes the time parameters?

 

Most motor carriers "relieve drivers of all responsibilities" once they legally park the truck (for whatever reason) and then assume responsiblity? Are you paid to eat? So why would you log that as "on duty"? That post sounds like a bunch of silly viewpoints, do you want police officers reviewing the algebraic equations of your employment contracts (as if they have time)?

I log the amount of time I spend working, I don't throw in theory? What are you going to do, tell the officers you don't eat until your 10 hr break? Gee, that bag of potatoe chips I ate while driving counts as performing both driving and "on duty" (lots of laughter)?

 

There must be a time frame of at least 30-minutes, and no more than 60-minutes to satisfy the FMCSA.

Here is the memorandum suggested by the FMCSA

View attachment FMCSA Off Duty Memorandum.pdf

 

Meal periods are on duty, not driving according to the definition of on duty time at 395.2 UNLESS the carrier gives written permission to log meal periods and other short periods as off duty....see the first sentence below that I've highlighted in bold print. Being paid for meals has nothing to do with it. Here's the rule again:

395.2: definitions
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.

 

Hold it!!!! Same questions at my co. came up....... solution: the co. put a 5th catagory on the Q.C. for O/O's only to get them home with tractor..... It's called "off driving" and this allows tho O/O to produce a viable log if challenged in the bobtail.

( So says the guru upstairs in safety )

With regards to the rest.....book says ur on duty even during the time preparing for work which means when u hang up the phone with dispatch.

My carrier gives us the lunch and off duty cards to use, which I consider illegal. All they do is allow you to push your 70 but I must ask....if you can't make what you need / want in 70.... think maybe you need a new job?

 

I got a question with the 34 hour break. I'm in the 34 hour break period currently before restart. It is my understanding that I can't interrupt this period at all if I record it as off duty. However I need need to go unload my trailer in that period for 30 minutes. If I record the period as Sleeping Berth would I be able to unload.

Thanks

 

Info from the 1st post in this thread...

So I would say no.

 

If you have to move the truck over to the dock to unload, they will know you 'worked' or broke up the 34 hour time period-- if you have a qualcomm or other electronic tattling device.

If you've been backed up to the dock for 33.3 hours already, who is to say you didn't start unloading at the strike of 34 hours?

 

I have a question. If you are running a team do you have to do a 34 hour restart?