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?
Can I log this off-duty?
Discussion in 'Trucking Industry Regulations' started by MustangMark83, Jul 4, 2013.
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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.RickG and Giggles the Original Thank this. -
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! -
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2
volvodriver01 and Wickedfire77 Thank this. -
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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. -
According to the FMCSA definition of On 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
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all kinds of stupid people say stupid stuff
worse part is when I am the adamant stupid one.........sigh
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