Change of Duty Status

But what about the act of updating your log? That's a job related task.

 

No, the guy I quoted has been complaining in multiple threads about how he tested the Garmin and didn't like that inspectors can see when he started/stopped the engine, how the location data is recorded, and a few other items which are required by the regulations for ALL compliant ELD's to do. In THIS thread, he's just taking it one step further to say that if the OP's position (that changing duty status in your log should be on duty not driving) were the official FMCSA policy, that the fact that the Garmin (and every other compliant ELD...he just doesn't want to admit that) shows engine start-up and shut-down would log you on duty for that.

 

Change your status from off duty or sleeper berth to off duty personal conveyance. Then start the tractor.

 

It's still going to show the required data pertaining to the engine start/stop...just like every compliant ELD. He wants to find one that won't (which he won't be able to) and keeps complaining about the Garmin thinking it is a unique situation specific to the Garmin. I posted the reg #'s in another thread which require the info he doesn't like to be recorded. He could waste a lot of time and money trying them all, but they'll all do the exact same thing.

 

Oh. Ok. Thanks for clarifying.

 

In Ocean city when the crew told me the Indonesian furniture inside the container trailer will be a few hours going up to the new hotel being built on the bay side. I hit the beach half the day. It was a very good day. To heck with the load. They left the papers in the empty box.

 

The regs state you must be free from all or any job related tasks or functions.

Updating your log is a job related task.

 

Using your logic, driving a truck is impossible. Opening the door to the truck is an on duty function. Unless you can change duty status from outside of the truck, you cannot open the door. Additionally, changing duty status would first require that you be on duty, so you cannot change your duty status. It is illegal for anyone else to change your duty status, therefore driving the truck is an illegal operation all the way around.

 

Opening the door to the truck to get in and out of the sleeper is not a job related function.

Just like they said about engine running, I asked about that a long time ago. The 45 minute warm up in the dead of winter should be on duty. Job related function.

Changing from OD to SB on your log is a job related function.

If you don't change from OD to SB
OR
SB to OD, then you are false logging.

 

If you apply a strict interpretation of the law, then what you are saying is valid. However, in most instances the law is applied using a "spirit of the law" approach, meaning that the intended outcome of the law is what enforcement uses to determine enforcement. A strict interpretation would prevent transportation from occurring so it is not used as an enforcement standard.
Dave, you really need to lay off of those mountain brownies they're selling out there these days.