bobtail off duty going to mechanic

I always log off duty once I'm at a shop for repairs. I give them the run down on the truck and whats wrong, my company mechanics phone # (im a company driver), I log off duty, grab my bag go to tje drivers lounge, take shower and/or nap, maybe walk down the street to get something to eat, and wait in lounge until the mechanic is finished.

Should this all really be logged as on duty??

 

I say this. In two ways with two paths figuratively.

First.

I do the same thing. If I need to get hotel, then Im gone. Truck is not my problem Call me when it's finished.

Second.

Before I get into it, I say this.

When you hit something in a violation or accident involving death, or injury or both everything to that moment is stopped. Then examined in unbelievable blinding light of the courtroom. For better or worse.

Once in a while I short circut enforcement by saying simply, I have no logbook today. Cop gets angry and writes a 30 dollar ticket. IF he had the actual log containing damning violations it's going to cost way more than 30 dollars plus a OOS and so on so forth etc.

Once you are finished with the shop management and give them the key, you are off duty at this point in time to the nearest 15 minutes on your logbook paper or to the minute with ELD.

 

No. Don't listen to X1. The nicest I can say is he exaggerates a lot. In this case he's flat out wrong.

Driving to the shop is on-duty, driving yes. You are moving the truck for truck related reasons.
Waiting at the shop, however, does not meet any of the criteria for on-duty. Here is the complete list.

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 in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the 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 site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) 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.

Now, the red highlight is why it's off duty. The bolded sections of 2 and 6 do need a bit a explanation as to why they don't apply.

2 is easy, you are not the one servicing the vehicle, the shop is.
6 is a little more specific, but still doesn't apply.
(a) Again, you are not repairing the vehicle.
(b) Checking in, doing paperwork and explaining what is wrong is on-duty under the obtaining assistance
(c) The third clause really only applies to a roadside breakdown. Once the shop has it, you are no longer in attendance as you can go to the drivers lounge, or like you stated go down the road for food.

 

Idk?? Does this help?

 

Not really. Whether one is paid or not is irrelevant to DOT. That statue is all about when pay is due. It's titled: CHAPTER 46-02-07 NORTH DAKOTA MINIMUM WAGE AND WORK CONDITIONS ORDER

From FMCSA:
Question 10: How does compensation relate to on-duty time?
Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.

 

I don't know. Going to the shop is usually not a pay item.

I stick to my guns that it is a work item. You are not going home. Yet.

 

You are to log on-duty/driving when going to the shop.

this is per Ohio dot through a ticket my driver got a couple weeks ago.

Anything to do with the repairs of the truck, transporting it or picking it up, it is on duty/driving.

We argued it wasn't to see what happened but Ohio stuck us with a fine.