Can I log this off-duty?

Discussion in 'Trucking Industry Regulations' started by MustangMark83, Jul 4, 2013.

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  1. Jul 4, 2013 #1
    MustangMark83

    MustangMark83 Light Load Member

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    My company has a contract with a bakery, we do all the freight for them and our office and trucks are parked on their property. We are all local drivers and we get home every day, all daycabs. My question is with all these new hours of service coming into effect. I have been speaking to my boss about if I'm allowed to log off duty while waiting in order to preserve my 60 hour rule(our local company operates on 60/7). He says if I'm being paid while waiting to load, I need to be on-duty. My argument is that I'm simply in the break room, and not actually working, so I think I can log off duty.


    The DOT rules state:

    [TABLE="class: TableFMCSA1, width: 100%, align: center"]
    [TR]
    [TH="class: MiddleTDFMCSA1"]On-duty time[/TH]
    [TD="class: MiddleTDFMCSA1"]Includes any time in CMV except sleeper-berth.[/TD]
    [TD="class: MiddleTDFMCSA1"]Does not include any time resting in a parked vehicle (also applies to passenger- carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.
    [/TD]
    [/TR]
    [/TABLE]


    So with that said, I could be sitting in my truck, lunched over my steering wheel, listening to my radio , or talking to another driver, playing with my phone - whatever I want to relax, and still and be on line 1 , even though I am being paid hourly to wait on the load. I don't like running up my hours if I don't have to, but my boss thinks I should log on-duty for that time.

    What does this forum think?
     
    MustangMark83, Jul 4, 2013
    MustangMark83, Jul 4, 2013
    #1
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  3. Jul 4, 2013 #2
    txdirtroad

    txdirtroad Light Load Member

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    Way I understand the law.. You are correct.. My interpatation is that you only log on duty time as time dealing with the load ie.. helping unload or load, getting or signing ppwk or dealing with shipper/receiver.. that's the way I understand it.. I've always logged just the 15 mins on duty b/c most of the time you can back the truck in, open the doors, and deal with the ppwk in that time frame.. Now there are some times you can't in that case you might log 30 mins on duty but I've never logged more than that unless I'm loading or unloading the truck or assisting..
     
    txdirtroad, Jul 4, 2013
    txdirtroad, Jul 4, 2013
    #2
  4. Jul 4, 2013 #3
    MNdriver

    MNdriver Road Train Member

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    Your employer needs to give you permission to go off-duty and there is a format to that letter and the law.

    I'm on my phone and that's on my computer.
     
    MNdriver, Jul 4, 2013
    MNdriver, Jul 4, 2013
    #3
    RickG and Giggles the Original Thank this.
  5. Jul 4, 2013 #4
    Vito

    Vito Heavy Load Member

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    No. If you are behind the wheel, whether you are driving or just sitting there day dreaming, DOT considers this On Duty-DRIVING.

    Be very careful about this. If you get a knock on your door in the middle of the night and you are summoned from your sleeper birth by The Man, you had better not sit down in the driver seat as you roll down your window or open your door to talk to him! If he/she wants to be a jerk, he could then tell you that you need to re-start your 10 hour break at the time you sat down in the driver's seat, because according to DOT, you were just on duty-driving!
     
    Vito, Jul 4, 2013
    Vito, Jul 4, 2013
    #4
  7. Jul 4, 2013 #5
    RickG

    RickG Road Train Member

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    Better refresh your knowledge . See part 4 (i)

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2
     
    RickG, Jul 4, 2013
    RickG, Jul 4, 2013
    #5
    volvodriver01 and Wickedfire77 Thank this.
  8. Jul 4, 2013 #6
    volvodriver01

    volvodriver01 Road Train Member

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    The statement about being ON duty just because you are sitting behind the wheel is no longer true. Someone will be along to post the new regulation about that I am sure.
     
    volvodriver01, Jul 4, 2013
    volvodriver01, Jul 4, 2013
    #6
  9. Jul 4, 2013 #7
    Vito

    Vito Heavy Load Member

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    My mis-information can be attributed to my trainer who's been doing this for 30 years. The definition for driving is

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?
    reg=395.2&keyword=driving

    Looks like the crux of the matter is "in operation". I suppose that rolling down the window is not considered operating the truck. Thankfully.
     
    Vito, Jul 4, 2013
    Vito, Jul 4, 2013
    #7
  10. Jul 4, 2013 #8
    Vito

    Vito Heavy Load Member

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    I'm going to try another angle. My answer is still No.

    According to the FMCSA definition of On Duty:

    http://www.fmcsa.dot.gov/rules-regu...fmcsrruletext.aspx?reg=395.2&keyword=off duty

    The key here is that you are "waiting to be dispatched" and therefore technically not off duty.

    I believe this is what MN driver was referring to here

     
    Last edited by a moderator: Jul 4, 2013
    Vito, Jul 4, 2013
    Vito, Jul 4, 2013
    #8
  11. Jul 4, 2013 #9
    RickG

    RickG Road Train Member

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    RickG, Jul 4, 2013
    RickG, Jul 4, 2013
    #9
  12. Jul 4, 2013 #10
    Cranky Yankee

    Cranky Yankee Cranky old ######

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    all kinds of stupid people say stupid stuff
    worse part is when I am the adamant stupid one.........sigh
     
    Cranky Yankee, Jul 4, 2013
    Cranky Yankee, Jul 4, 2013
    #10
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