34 Hour Restart

"While every effort has been made to assure that the information provided here is complete and accurate; it is not intended to take the place of published agency regulations. The document paraphrases the Federal Motor Carrier Safety Regulations published in Title 49 of the U.S. Code of Federal Regulations. The contents may not be relied upon as a substitute for the most current official text. The regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR)."(emphasis added)

This is quoted from the front of the Motor Carrier's Guide that you wish to take as gospel

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A

Link to the regs. I can't find the appendices you reference. Please show me my error. I'll freely admit I'm still learning, and I don't know everything. I do know how federal regulations and interpretations work, and I want to see a regulation.

 

I never said that I took it as gospel, but you run into the right DOT officer and he will! When you start pulling this "let me see it" or ""show me" attitude, I hope who ever you are driving for has a lot of money because it will cost them.They dont like being told what to do, been there done that, it aint a good idea. It is not up to us to tell them what they can or cant do--they are the government, they Can and Will do anything they want, it is up to us to prove that they couldnt--after the fact. A lot harder to do than you think, since they are officers of the court and the court knows this also. See the FMCSA book tells us what we CAN AND CANNOT DO, not what we are SUPPOSED TO DO--it was written that way on purpose. Get a copy of the Big print manual and it is in there--that is the one Im looking at, I cant read the one with the little print unless I have a magnifying glass.

 

Ok, got it. All I ever asked for was "where does it say it?" I am asking because I am trying to learn. I don't take an attitude with feds. I know better.

If you're a fed, I apologize. If you're not, you're being a jerk and telling a new guy that he's an idiot because he can't see what's clear to you. I offered the link of all the regs. The appendices you referenced are not listed in that list of regs. I'm only asking for where you found it. Since I don't have those appendices in the copy my company gave me, and I don't have access to the big print manual except what's online, I'd appreciate you showing me with what's online.

I didn't want an argument. I just know better than to trust anyone with anything when it comes to "the regs say..." To many people that think they know what they're talking about.

 

It is not in the book but here is the link to were it is
http://www.fmcsa.dot.gov/documents/forms/part_395letter.pdf

It does not appear to be a reg and I have not heard that this form must be carried so I can log off duty. I was given verbal authorization to log off duty for meals and etc and have not have any problems.

 

When is the vehicle not your responsibilty. If your truck is parked at your own companies terminal and something happens to it I guarrantee it still is gonna bite you, little lone parked at your house on your "time off". The way I see it is as long as you got the keys you're responsible for said vehicle. According to timtrucks interpretation no one could ever do a "legal" 34hr restart. Even if you wanted to get technical and say when you're home you can't check the oil,wash truck,ect. Ok. But to say you're not responsible for that truck while you're home is incorrect so therefore you could never legally do a restart according to what you have stated.

 

So, which is it?

Again, a non-issue.

 

Here is the interpretation from/of 392 Re. logging off duty. As you can see the carrier must provide the driver with written permission to log meal periods and other such times as off-duty. The written permission must include directions Re. all below. Failure of the carrier to provide the written permission requires the driver to log meal periods and other such times as on-duty, not driving. This has nothing to do with the 34-hour restart, but merely when a driver may log off duty while under the control of the carrier. While on a 34-hour restart the driver is not under the control of the carrier so this is inapplicable and the driver may log off-duty at any time when not in the sleeper. I pulled this from the FMCSA regulations from a location that the FMCSA forgot to pull my password.

I call your attention to the below.

From the old retired federal DOT officer.

Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time? Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.
3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.
4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?
Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.
Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the CMV is laden with HM and the CMV is parked in a truck stop parking lot?
Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with §397.5 of the FMCSRs.

 

This was the part I have read a a couple of times, but be darned if I could find it when I wanted to.

I'd be curious if any carriers actually provide written instructions regarding meal and other routine stops prior to the driver's departure. I'm guessing the number could probably be counted on the fingers of one hand.

 

As covered by psanderson's post, it has to have been given, and received, in written form, but it does not have to be retained as such.

 

But if the driver fails to retain it then the driver must log meals & other such times as on-duty, not driving.

This clause for retention simply means that the carrier does not need to retain a copy (or the original) for any time frame such as keeping RDS's (logs) for 6-months.

I have seen motor carriers issue documents as this in a small, laminated, wallet card that is retained by the driver.