You can communicate with the carrier and remain off duty .
http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp
Being "on call"
Discussion in 'Trucking Industry Regulations' started by lobshot, Mar 8, 2009.
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I agree with the driver from alabama. it's a catch 22 and you have to be careful. a couple towers I know take their truck home and have their spouse do the errands for this reason or they take the truck with them.
KH -
As a friend of mine that has now passed away drove tow trucks and I remember him telling me there were exemptions to the rules depending on if it was a "first pull" or a "second pull" IE first pull= picking it up from orginal place then bringing it back to yard or shop depending where customer wants it to go....Second pull = picking it up from the yard then taking it else where or any other second hook up to pulled vehicle...second pulls require logs first pulls dont...but I am not 100% sure of this and like I said my friend has passed away and I am not able to requestion him about it...
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LandShark Thanks this.
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you can be on call 24/7 as long as you have your 10 hours off your logbook doesn't start untill you report for work ltl companys have operated that way for many years it only means they don't have a regular start time and you will only be called as needed
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yes the exemptions of First move and Secondary move are important along with the Emergency move issue.
HOS really do not work great for Heavy duty tow trucks, as you never know what you will be doing...
Imagine saying " I am sorry officer, but I am out of hours and I can not finish cleaning up this wreck" -
Why do the police call a hook long before it's needed , like when they know a rollover can't be uprighted until it's unloaded ? I've had hooks pass me 80 m.p.h. , lights flashing and stop on a ramp ahead . I'll come back 4 or 5 hours later and the hook is still sitting on the ramp , hasn't done a thing .
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Well first of all some of the investigations do take a long time to do so that the reports are accurate.
Then there is the issue that the trucking companies sometimes want to reload into their own trucks, and they always lie about where it is and when it will be there (last one I did they told me it would be there in 2 hours, 3 hrs later they managed to tell me that it was coming from New Orleans and I was in Troy Alabama waiting.)
Plus at times it does not have to be hand unloaded there are a few we can use forklifts do unload with. And last, there are air cushions which are used sometimes which if the company does not own them, have to come from a distance to be used (I have ran over 150 miles to use our airbags for someone else). And they do not work quick, in the set up but once they start working, its just a matter of a few minutes and its time to come over.
And then I will not even go into contracted - regulated rates in some areas where the tow rate is so low that the tow company throws everything they got to the scene and then works slow to run up the bill (yeah I did say that!!!! )
Honest ain't I -
"395.8(h)(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."
**If you read the FMCSR BOOK, not website, which has green sections that clarify FAQ's from drivers, you will find a section that talks about being "on call". The guidance states that any time spent on call as long as you are able to pursue activities of your own liking and are not required to sit at the controls of a vehicle CAN be logged as OFF DUTY. I have the book in my truck but I'll update this post later with a page number where you can find that in the FMCSR book, but to answer your question....being ONCALL does not affect your HOS until you actually peform work and that falls under 395.8(h)1 for time OFF DUTY.
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