Can a company mandate using sleeper status during 10 Hour Break

again just having a breakroom doesn't require or meet the off duty, if the shipper/reciever requires you to be in the breakroom while loading/off loading then you sir would be correct.

but not all shippers/recievers require a driver to remain in a breakroom area which therefore means one should be logging on duty not driving. but heck what do i know...

 

Not exactly. I think you're misunderstanding what 395.2(1) is trying to say. Lets break it down and see if we can clarify.
The first part:

This says the following will explain what on-duty time means and then says it will lay out what situations shall qualify as on-duty time.

These are all places where on-duty time shall be logged. If this statement ended here, then we would be forced to log all time spent at any of these places which I believe is how you are interpreting it. But that's an incorrect interpretation. The statement goes on to clarify what under what situation(s) on-duty must be logged while at these specific places.

Ah so now we have clarified under exactly which conditions we must log on-duty while at the previously specified locations. And that condition is time spent at these locations while waiting to be dispatched unless your carrier has relieved your from duty.

If you are at a shipper or receiver waiting to be loaded or unloaded, you are not waiting to be dispatched because you are already under dispatch. Therefore 395.2(1) would not apply to you. You're not waiting to dispatched so that line doesn't count for you at this time.

Now if we look further down we see there is another line that would indeed allow us to log off-duty while waiting to be loaded or unloaded at a shipper or receiver. That line is 395.2(4)(i)

This line says we must log all time in the truck as on-duty except time spent resting in or on a parked vehicle. The only exception called out on this line is for drivers carrying explosives. The line has no limitations on types of locations where it would apply therefore it applies at all locations. If you're sitting in the truck resting and not otherwise responsible for operation of the truck, you may log it as off-duty regardless of where the truck happens to be parked.

 

and again one misses or refuses to read further down where it clearly states: (so which of the big words below do you have trouble understanding?)

(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;

 

That's right, what the heck do you know?

What I know is that you eat away at your 14. What I know is that I don't. What i know is that many of you guys cry that you ain't making no money. What I know is that I am moving making money. But yeah after a full 25 years now, what the heck do I know about running an making money, compared to sitting and crying all the time and looking for a new job that'll keep me busy.

 

lmao...you so funny, i don't have no problems moving, I have no issues with needing to find somewhere else to go....ok you been driving longer then me so be it......but I guess when one wants to pout and have a temper tantrum i guess we resort to the above comment......

but when someone asks advise we (and I am including you in this) know there is the RIGHT way, and then again there is the right way in order to log. its not us we need to worry about its these new kids that come out here blowing up the roads, and being idiots out here that we are trying to protect ourselves from.

what is so wrong with giving out the correct information and because we give the correct information doesn't necessariliy mean that someone else who reads the correct information will use it in the correct way.

no harm no foul....but i think we all are trying to make things better for everyone as a whole. what is the harm in that?

 

I think you really need to take a step back and meditate on this.

I broke it down to help you.

All time:

-loading or unloading a CMV

-supervising or assisting in the loading or unloading of a CMV

-attending a CMV being loaded or unloaded

-giving or receiving receipts for shipments loaded or unloaded

-remaining in readiness to operate the CMV

 

No harm, no foul, but one can be taught what to do "by the book", but it has been said by others more experienced than me that "the book" is archaic. In time, the newbies will find a way to keep moving rather than to eat away at the 14, and not cry about not making any money. No company encourages anyone to violate any laws, so I find that argument from some newbies will fall on my deaf ears.

 

lol, some in this thread have a complete lack of common sense and a terminal case of anal retentiveness, lol

 

Wow look who learned to use the big font option. Very impressive. Now lets pull apart this subpart for you shall we?

If I'm on a dock sitting the truck while its being loaded am I loading or unloading it? Well I'm sitting up front and its a 53' trailer and my arms aren't that long so, nope.

I'm sitting up front and they're loading it at the back so I can't really supervise or assist so this a nope.

Well I am in the drivers seat. But I'm also seatbelt off eyes closed and snoring. From a legal standpoint, one cannot be both resting and remaining in readiness at the same time. I'm resting so this one is a no.

Not giving or receiving paperwork so nope.

There is nothing in this subpart that would prevent a driver from legally logging off-duty while resting in the truck at a loading dock.

 

Can you cite the reg that backs up your opinion? Or is it just that way because you heard some other driver claim that's what he heard from the safety guy at his company say, who got it from who knows where?

I'm in a "giving" mood right now, so I'll save you some time...here's the actual guidance, straight from the FMCSA:



Question 9: A driver drives on streets and highways during the week and jockeys Commercial Motor Vehicles in the yard (private property) on weekends. How is the yard time to be recorded?


Guidance: On-duty (driving).


So if jockeying around trailers on private property is supposed to be logged as on duty driving, that pretty much blows your argument out of the water.