Can a company mandate using sleeper status during 10 Hour Break

I believe most motor carriers will relieve you from duty while at a rest area. While at a shipper the motor carrier can't relieve you of being available to move the truck.

 

When things like that happen, I park my truck on their lot, give them my phone number and tell them to call me when they have a slot open. I then leave the truck and go where I want and do what I want until I get that call. That's called off-duty.

 

Can the following two excerpts be defined?


"remaining in readiness to operate the commercial motor vehicle"

What does that mean?

If I am surfing the internet, reading a book, eating, taking a bathroom break, stretching or exercising, or laying on my bunk to close my eyes, I do not believe that I am 'remaining in readiness to operate the CMV'. It would take a moment or two before I would 'be in readiness' again.

However, IF the loading/unloading process requires me to remain in the drivers seat and move the truck when required, then I am 'remaining in readiness'.

Unless it can be defined, that is how I interpret it.


"unless the driver has been relieved from duty by the motor carrier"

Skateboardman suggested that if your motor carrier allows you to log OFF-DUTY when you are not doing any work related activities, in effect, you have been relieved of duty for the period time. I know there is a defintion for 'relieved of duty.

 

Actually, in that case, you SHOULD be on line 3.

[h=3]§ 395.2: Definitions.[/h]Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.


Question 25: When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)?

Guidance: Delays on impassable highways must be recorded as driving time because §395.2 defines “driving time” as all time spent at the driving controls of a Commercial Motor Vehicle CMV in operation.



Question 26: Is time spent operating controls in a CMV to perform an auxiliary, non-driving function (e.g., lifting a loaded container, compacting waste, etc.) considered driving time? Does the location of the controls have a bearing on the answer?


Guidance: The location of the controls does have a bearing on the answer. Section 395.2 defines “driving time” as all time spent at the driving controls of a
Commercial Motor Vehicle CMV in operation. If a driver, seated at the driving controls of the vehicle, is able to simultaneously perform the driving and auxiliary function (for example, one hand on the steering wheel and one hand on a control mechanism), the time spent performing the auxiliary function must be recorded as “driving time.” If a driver, seated at the driving controls of the vehicle, is unable to simultaneously perform the driving and auxiliary function, the time spent performing the auxiliary function may be recorded as “on-duty not driving time.”

 

Like skateboardman says, no one cares that it only shows 30 min unloading/loadings. (I guess if they want to be a ####### about it).. No one in their right mind is sitting at receivers for hours, on duty, yea right.

When I get to the receiver I hit the unload button, after checking in and gettin backed up I'm off duty until I leave. Haven't had problems with DOT and I probably won't.

 

NO.

Opertating a CMV on private property goes on line 4, on public property it goes on line 3.

I was refering to examples like backing under a lifted load to be set on my trailer OR moving forward or backward at the request of the loader/unloader.

 

I just read this entire thread

now I need to go get drunk.

 

I do not drink, but I am willing to start, but in the meantime, have at the very least, one for me as well?

 

well you probably havent had any problems with it as of yet as most of us haven't but when you get involved and if you get involved in being in a fatality accident well the aforemention excuses won't get you anything except for maybe more bubba time.

and back to point....

anyone remember when carriers would give you a card that allowed you to take off duty when you wanted? haven't really seen many of those cards any more but for the case of being in a rest area etc....that is where that off duty card came in handy as it allowed one to take off duty when wanted or needed. (as long as it wasn't at a shipper/reciever).

anyone keeping up with the tracy morgan walmart accident? bet that driver only logged 15-30 mins for being loaded and unloaded too.....

anyways......the whole moral of the issue is log it as you do it......You are hurting nobody but yourself if you get caught, or worse end up causing a fatality accident.

 

All a shipper or receiver needs is a vending area and maybe a chair, no need for a lavish set up with tv's, waitresses, butlers, shoe shine guy, etc,etc. Log off duty, get a candy bar, sit, then go back to the truck, or here is a novel idea, log off duty (after showing 15 minutes on duty for bumping the dock and handing over the papers) THEN go back to the truck. If a lawyer wants to question EVERY move in your log, then he WILL SEE the shipper/receiver had a break room.