Can sheriff look beyond 34hr reset?

Discussion in 'Trucking Industry Regulations' started by Schmeats, Nov 9, 2023.

  1. Long FLD

    Long FLD Road Train Member

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    broke down plumber Thanks this.
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  3. broke down plumber

    broke down plumber Medium Load Member

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    And that 's my problem . If ya gonna have rules have rules not suggestions , so to speak .
     
    roshea and Long FLD Thank this.
  4. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Yep, and you misinterpreted what it said, too. Kinda sad another driver "thanked" your reply as it is incorrect and they don't understand the question either. Read the entire question very carefully. Understand what the question is.

    "May a driver, who drops his or her last load at a receiver’s facility use personal conveyance to return to their normal work location (i.e. home or terminal?)"

    My house is not my "normal work location." It's my house. If I was normally dispatched out of my house, such as if I was an owner operator and took my truck home daily, then it would be, but I'm not. I'm returning home for home time. It's giving an example of two normal work locations for truck drivers, their home or their terminal. If neither is your normal work location then you can PC back to either one. This would be like if you're a daycab driver who always returns home daily and is dispatched out of your house daily. I'm not, I return home once a month for a few days at the house. NOT a normal work location. I do ZERO work for my company at my house. I don't even go to my house with a trailer much less get dispatched out of it. I CANNOT use PC to return to my company yard after being unloaded, because I can be dispatched out of my company yard and I am all the time. But I am NEVER dispatched out of my house.

    A reworded version of the question you quoted might make more sense to people: Can a driver, after being unloaded for their final load of the day, use PC to return to their company terminal? The answer would be no. The question WAS NOT: Can a driver, after unloading their last load, use PC to return home for home time/34 hr reset? That answer would be vastly different than the answer to the question you quoted.

    Gotta understand what the question is before you understand the answer.
     
    Last edited: Apr 5, 2024
    Long FLD Thanks this.
  5. Long FLD

    Long FLD Road Train Member

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    You’re correct. My first reaction is how it applies to me as a truck owner. The only way it would affect you is if it can be argued in an audit if you take the truck to your house for hometime every time or not. On the side of the road it won’t matter much because you’d just have to convince the officer. If it’s during an audit and they see that you used it every time you went home over the last 6 months and very rarely parked at a terminal and drove your car home it may be a tougher arguement.
     
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  6. broke down plumber

    broke down plumber Medium Load Member

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    i am not a driver , and i thanked him for an honest effort to answer my question , thank ya very much .
     
  7. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    It doesn't matter if you do it every time or not. Your company is not required to pay you to take an empty, unladen and undispatched truck home with you, so that means it's your personal use, thus you can use PC. Basically, if your company has to pay you to drive it where you are driving it, then you must be on duty to do it. If they don't, then by definition, you can use PC because that means the truck is being used for personal reasons. An audit of my logs would not be able to determine what yard I'm considered dispatched out of because I'm OTR, I go everywhere all the time. I go to all of our yards. But I don't go HOME with loads.

    And actually, you CAN use PC to drive to your terminal after your last unload of the day if the stars line up just right. My company has terminals in several large cities. Well, once you get unloaded at 9 or 10pm in a large city, and you're out of drive time, you then must use PC to get to the nearest safe parking. Well it could easily be argued that the nearest safe parking is your company yard a few miles away in the same city, so thus you would use PC to get to the yard. You're doing it not to advance the trailer, but to find parking.

    There are always exceptions to everything. Nothing is written in absolute stone because there are so many variables out there in the truck driving world.
     
    Last edited: Apr 5, 2024
  8. skallagrime

    skallagrime Road Train Member

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    Never, and for a very simple reason, taxes.

    If you allow the truck for "personal" use, ie pc, then the % of personal use is supposed to be removed from your allowable deductions etc.
    Even though my personal use would probably be under a threshold that would matter (1% or less) i find in doing taxes its neater to simply not use pc ever and not have the headache of having to figure any of that in come tax time
     
    broke down plumber Thanks this.
  9. LOTSO

    LOTSO Medium Load Member

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    :sad3:
     
  10. broke down plumber

    broke down plumber Medium Load Member

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    Why the green face
     
  11. skallagrime

    skallagrime Road Train Member

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    Taxes are a reason for sadness I agree :p
     
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