Getting ahead of 34hr reset, help me figure this out.

Discussion in 'Questions From New Drivers' started by Shaggytc, Apr 15, 2021.

  1. LTL Bull

    LTL Bull Heavy Load Member

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    In this day and age the regs are a double edge sword. It can cut you but you can use it to defend yourself. Why guys are willing to truncate what the regs clearly state to work more hours is beyond me. It is the result of deregulation. They bend over backwards to try and cheat the system to work more hours. I’m guilty of it myself in my younger years. I finally figured out how to work smarter not harder. If I’m delayed, I get paid. As long as the Mega s and others keep finding people to give away their time it will not change significantly industry wide. Fudge your records and the lawyers will have a field day with you. Think your carrier will stand behind you? Think again. They’ll probably settle out of court and fire you. I’ve seen it happen. Years ago north of Alma Michigan one of my coworkers, a 35 year driver with an impeccable record, was coming south on US 27. A drunk going north crossed the median and hit my coworker head on. Drunk was killed at scene. My co worker was not cited. The family of the drunk got a hold of a hotshot lawyer and found a credit card purchase that showed my coworker had falsified his logs. He had as he had a minor family emergency that caused a late departure and instead of being late, he was trying to be a “good employee” and make up the time. Family sued him and company reasoning was if he had not falsified his log and actually been where his logs said he should be he wouldn’t have been there for their family member to hit. Complete BS and he beat it at the cost of 4,000$ in legal fees and time in court. Company settled out of court and fired my coworker.
     
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  3. Wasted Thyme

    Wasted Thyme Road Train Member

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    So how's being logged sleeper berth. While I'm sleeping AND being unloaded against the regs? Per what you posted. It's not.
     
  4. ethos

    ethos Road Train Member

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    For me, and this is only me, logging sleeper gives me a great case to beat any serious charges resulting from a fatality collision. Let's be honest, if you are ever in a fatality, it is going to be a bad day. I am sure my logs would have been gone over with a fine toothed comb, but if I was in the sleeper, I logged sleeper. There is no lie there. Now, the day they come up with a category called, on-duty sleeper" or something like that, then things will change. As of now, sleeper doesn't count as "on duty" time, it just doesn't and I logged that.

    I doubt there are many drivers sitting in prison because they logged sleeper time at the dock, then drove and through no fault of their own had someone kill themselves against their rig. Now if you caused the wreck, you probably have bigger things to worry about then your status at the dock. In reality though, all of this comes down to that classic trucker saying, You drive your truck and I'll drive mine.
     
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  5. ZVar

    ZVar Road Train Member

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    I love how he keeps claiming it's against the reg, but refuses to post the specific regulation he is talking about.
     
  6. ethos

    ethos Road Train Member

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    It is not too bad honestly. Most truckers, if I had to guess, don't really run into this. This type of debate is for guys who run hard OTR or have long waits at the docks. Most of the time, you simply aren't dispatched enough for your hours to be a problem. I mean, it only takes so long to drive a certain amount of miles and if that is all you are dispatched, then your hours will just not run out.
     
  7. LTL Bull

    LTL Bull Heavy Load Member

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    If they come out and tell you to move do you? Do you know when they will come out? If not you are in attendance of a vehicle being loaded or unloaded. If they come out at 1.75 hours you can’t use the berth to stop your clock anyways. Keep finding ways to Give Thyme away. Your prerogative ask FMCSA. Section 5 is crystal clear. If you’re on that truck and expected to move it or tender bills it is on duty. Don’t know how to make it any clearer. At this point y’all do what you want. Can’t fix thick headedness. Unwatching thread.
     
  8. Wasted Thyme

    Wasted Thyme Road Train Member

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    By that logic. If anyone anywhere knocks on the door your in attendance. Trucker asks you to pull up a little so he can get out at a truck stop...etc.

    I manage my daily clock fine. I'm more concerned with the 70.
     
  9. Rideandrepair

    Rideandrepair Road Train Member

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    The regs say this and that. The interpretation is the important part, if you want to know how they’re enforced. It’s been settled years ago, 15 minutes to check in, open doors, and back in, or drop and hook. Same with fuel, pre trips. I’m not going to pretend to know all the regulations, but have been audited twice, and passed the requirements for being knowledgeable enough to run my Company. The final rule on any regulation along with the interpretation is what’s important. The regs themselves can be argued all day long, by Truckstop Lawyers.
     
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  10. PhantomLLC

    PhantomLLC Bobtail Member

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    Right wrong or indifferent for me... “Off Duty” Remark: Customer Unload... “Sleeper Birth” Remark: Break. Doesn’t make me right, just what I’ve done based on my interpretation. ¯\_(ツ)_/¯
     
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  11. Cattleman84

    Cattleman84 Road Train Member

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    I cant remember where I read it but... The ATA pushed for an got a change to the regs (maybe its a guidance) that specifically stated that time waiting while being unloaded did not have to be logged as On Duty.

    I know I have seen it in writing at least twice... But I can't remember for the life of me where I saw it.
     
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