Eliminate Hours of Service

Discussion in 'Trucking Industry Regulations' started by RigJockey, Aug 9, 2021.

  1. ZVar

    ZVar Road Train Member

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    Now you are just being contradictory. Pay has nothing to do with regs, that's just company policy.
    So thanks for admitting you are wrong about having to be on duty while in the docks.

    Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a Commercial Motor Vehicle (CMV) from the last stop to home and not show that time on the time cards? Guidance: The Federal Motor Carrier Safety Regulations (FMCSRs) do not address questions of pay.

    Question 10: How does compensation relate to on-duty time?

    Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
     
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  3. Drunk Trucker

    Drunk Trucker Bobtail Member

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    The rule book says that you are supposed to be on duty when getting unloaded regardless if you are on dock or not.
     
  4. ZVar

    ZVar Road Train Member

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    Where? because the section you quoted does not claim that.
    Simple fact is there is no wording that claims time in a dock is on duty even if you are not assisting.
    There is wording, however, that states all time resting in a sleeper is to be logged sleeper berth. Just because you are in a dock doesn't change the requirement to log sleeper.
     
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  5. Drunk Trucker

    Drunk Trucker Bobtail Member

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    attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle,
     
  6. ZVar

    ZVar Road Train Member

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    And if you are not attending the truck you can be off duty.
    You know, like if you are in the sleeper or in a break room.
    Or for that matter, like when I'm walking around the block while the truck is getting loaded and I'm getting my daily exercise in.
     
  7. Drunk Trucker

    Drunk Trucker Bobtail Member

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    remaining in readiness to operate the commercial motor vehicle,

    Unless you are not in charge of the truck at all when it is at the shipper you are attending it.

    Waiting for a green light or phone call counts as remaining in readiness.
     
  8. Lucky12

    Lucky12 Medium Load Member

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    If you are waiting for a green light, technically should remain on duty. If your waiting for a phone call or a knock on tractor door you can definitely be off duty.

    Shippers still having drivers wait for a green light need to get with the program, that is not how it should be done anymore. If they can't call they should at least provide a knock so driver can go to sleeper without having to look for green light every 5 minutes.
     
  9. ZVar

    ZVar Road Train Member

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    So if I have a red light, but I'm sleep in the sleeper you count that as attending? What about playing on my Playstation? What about just reading a book? What about when I'm 1/2 mile away from the truck taking my daily walk?
    No attending means just that. When attending the truck. It doesn't mean simply backed in the dock.
    If you are attending, which I might add means "Dealing with" sure it's om duty. Just being in a dock however doesn't mean anything.
     
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  10. Drunk Trucker

    Drunk Trucker Bobtail Member

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    What does remaining in readiness to operate the commerical vehicle mean?
     
  11. ZVar

    ZVar Road Train Member

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    Just exactly what it says. If you are doing nothing but taking care of the truck you are working.
    Simply resting in the sleeper is not staying in readiness however, it's resting in the sleeper.
    Being 1/2 miles down the road walking is not being in readiness...
    Staring at the red light is however.

    See how what you do matters, not where you are?
     
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