elog/off duty drive ?

Actually there are three things I have to point out,

1 - to be legal on this you have to meet your ten requirement or you can get dinged by any one of the many enforcement officers. This is clear, you're out of hours, you're out of hours.

2 - you can't use it during your 8 hours in the sleeper,

3- the company doesn't have to allow it.

 

I agree with 3 only.

On point number two, I agree that if you want to do 8 hours of sleeper for an 8 and 2 split, your 8 hours can not be interrupted. Going to off duty would break that 8 hours uninterrupted stipulation. On the other hand, if it is a 10 hours off situation any combination of off duty or sleeper bearth is fine. Since PERSONAL CONVEYANCE is off duty time, that could fall anywhere in the 10 hour break and not cause you to have to restart the break. Only thing that could change this would be a company policy that would require you get more sleep or doesn't allow PC.

Point number 1 - Well, that statement is so unclear I'm not touching it.

 

OK let me re-phrase 1 and 2 -

1 - to be legal on this you have to meet your eight hours sleeper berth requirement or you can get dinged by any one of the many enforcement officers. This is clear, you're out of hours, you're out of hours.

What this means is that no matter what, you have to have time left to use or have reset your clock. This is not coming from the FMCSA but from both Michigan and Ohio enforcement officers who I've asked.

2 - you can't use it during your 8 hours of the reset time in the sleeper berth.

What I mean by this is that you have to fulfill the reset first and then you can drop it to off duty for the other 2 hours of the ten. The eight is important, the 10 isn't as important.

The problem with moving to off duty and then claiming PC, you may get some smarty enforcement officer dinging you with a violation and putting you OSS for the 10 to ensure you have a reset because there is no proof of the reset at that point. Moving it after the 8 is a bit safer, better at ten but no matter what, when you are out of hours - you are out of hours and the truck can't move.

Remember this - the FMCSA sets a general regulations and it depends on the state to follow those regulations as written or write stricter ones. You can have a state that says that no matter what, they won't accept the Off Duty for a reset unless there is proof of a hotel room or some place where you slept - just an example.

 

Ask yourself if you were on paper logs and your 14 hour clock was expired would you log line 1 and put Personal Conveyance down on the Remarks line-- don't you think an authority looking at your logs would put you out of service?

 

After 2 days/3 pages of info I am clear on two things.

It is illegal to drive the truck as off duty personal conveyance after you have used up your 11/14.

and...

It is legal to drive the truck as off duty personal conveyance after you have used up your 11/14.

 

And yet the ones I have asked have said exactly the opposite, both the folks at the FMCSA and PA, VA, MD, CT and AL DOT officers that I have asked about it. Off-Duty driving is just that, off-duty. It is NOT commercial or business conveyance at all and therefore does not fall under commercial vehicle regulations or restrictions. How can that be any clearer? As long as you are unladen and not under dispatch AND you return to the original location that you started off-duty driving from before going back on-duty you are fine.

 

Almost! I was right with you until you said AND return. You don't have to return. There is no interpretation in the FMCSR that says this. The reason? What if you left a customer after a delivery on OFF DUTY DRIVING/ PC, went to get a shower and dinner knowing the Customer you just left does not allow parking. Your interpretation doesn't work in this case.

 

Originally Posted by Ridgeline
OK let me re-phrase 1 and 2 -

1 - to be legal on this you have to meet your eight hours sleeper berth requirement or you can get dinged by any one of the many enforcement officers. This is clear, you're out of hours, you're out of hours.

What this means is that no matter what, you have to have time left to use or have reset your clock. This is not coming from the FMCSA but from both Michigan and Ohio enforcement officers who I've asked.



Ok now I know for sure you've misunderstood! Thanks for clarifying. Please read all the posts from the beginning to the last post and read all links. I'm not sure how you posed the question to the Dot. Hours of service are not needed for Personal Conveyance.

 

It's right in the little green book. To use PC has to originate and end at the same place, usually a terminal or your house.

I like to drop my trailer at the terminal and bobtail home off duty driving for the week. All time driving to the house and using the truck during the week to go get beer is off duty driving. Also off duty driving back to the terminal unless they tell me I have a dispatch beforehand.

Also I am on paper logs. Logged PC once when out of hours and they popped me for a log violation. I know a lot of guys will log it in real time then come back and tear up that log to show a full ten hour break without movement then blend the miles into their next load. Sometimes you gotta do what you gotta do.