An FMCSR question

Discussion in 'Experienced Truckers' Advice' started by musicgal, Jun 9, 2012.

  1. musicgal

    musicgal Road Train Member

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    I had another driver tell me that a company is required by the FMCSA regs to give you a meal break and that it cannot be included in the time that you are getting loaded or unloaded.......and that they are to allow you time to get a shower.....(They are obligated by law to give you time to eat and shower)

    I could find nothing that addresses this in the regs.........the closest thing I've ever read is a company policy that allows you to log off-duty for meals.

    Any clarification on this would be very nice.......Thank you
     
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  3. scottied67

    scottied67 Road Train Member

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    Consider the source lol. You can usually determine if a driver is BS'ing you by the level forthrightness in which they are telling their story.
     
  4. Shoestring

    Shoestring Light Load Member

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    sure they are, regulations require them to give you a 10 hour break each day, after you work 14:biggrin_25522:. That's plenty of time to eat and shower.
     
  5. Raiderfanatic

    Raiderfanatic Heavy Load Member

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    You are the one driving the truck. If you need to stop for a break...be it food, nap or shower....then do it. Be your own boss. That's not disrespecting those that sign your check but learn to manage your time wisely. There's no reason a person should "not be allowed" to do anything. You're in the truck, not them.
     
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  6. dave26027

    dave26027 Road Train Member

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    Drivers know driving, Lawyers know regs.

    Never ask a Lawyer to back your truck into a dock and NEVER ask a Driver to tell you what the FMCSA regs mean.
     
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  7. musicgal

    musicgal Road Train Member

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    Raider, I think you are hitting the nail on the head right there. Something tells me that this driver is not managing their time wisely, being late, etc., and thus gets hollered at by dispatch for stopping to eat or shower. We have fridges and 2500w inverters in our trucks and I often eat while at the customer because that's when I get hungry.
     
  8. STexan

    STexan Road Train Member

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    ---------------
     
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  9. STexan

    STexan Road Train Member

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    I think all they are referring to is the idea that a carrier may give permission to their drivers that they can log meal breaks as off duty as opposed to on duty, for a minimum of a half hour. This is customary although few drivers actually have this "permission letter (card)". Otherwise, there is 10 hours minimum for a driver to do their other personal and miscellaneous business, as prescribed by logging and mandatory 10 hour breaks requirements.

    Try telling your DM that you're going to be an hour late for your appointment in Elizabeth, NJ because you're waiting for a shower to open up in Carlisle, 3 hours into your workday and see what he tells you.
     
  10. CAXPT

    CAXPT Road Train Member

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    If they are referring to the California DOT rules, they may be telling you the truth. That's also one of the proposed HOS changes being suggested... so depending on that driver's reference he could be telling the truth. California requires a 30 minute "lunch break".

    They are not obligated except in California for the "eat" part, the shower is your responsibility on your 10 hour.

    Now here's the good part, you at least tried to find them in the book, that's a good practice for any driver...Federal Motor Carrier Safety Regulations Handbook rules your driving, so you should become familiar with it and then ask questions.

    Other drivers aren't always a good place to get definitive answers, but you can help yourself along by getting the Federal Motor Carrier Safety Regulations Handbook large version which has the interpretations inserted immediately after the rule, so you can understand what the FMCSA wants. Only place I've seen it so far is at Iowa 80 Truckstop, but it should be available online through JJ Keller directly. If you're really interested in staying on top of these issues, visit the FMCSA site often, they frequently post notifications clarifications, etc. You can get there at http://www.fmcsa.dot.gov/ . Anything you hear, check out at these sources.

    Good luck
     
    Last edited: Jun 10, 2012
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  11. CAXPT

    CAXPT Road Train Member

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    You might be on to something there too, STexan.
     
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