Got violation for not putting the taxi time on duty??????????/

Discussion in 'Ask An Owner Operator' started by ATC, May 6, 2014.

  1. CondoCruiser

    CondoCruiser The Legend

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    Even time traveling to a company ordered drug test is on duty not driving because your company told you to do it.

    When you get back to the terminal, drop your trailer and go home it's personal conveyance because when you go back to work you return to the terminal. You went from point A to point B back to point A. Therefore no advancement was made. In this situation you went from going to the terminal to home to a new place. Hence you went from point A to point B to point C. Advancement was made.

    Look at it this way anyone who blindly looks at your logbook has to get a picture of what you were doing. It can't show going off duty in one town and back on duty in another town. That leaves a whole bunch of questions open and having 8 days off to boot. Has this guy been driving on his off time and not logging it?

    Another situation many get wrong is they think after their last load DHing home is personal conveyance. It is if you return back to the last place you got empty at. Otherwise you are on duty because advancement is made. You come back on duty and go a different direction. Keep the off duty and coming back on duty in the same town will help you figure it out. Different town? On duty!
     
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  3. JPenn

    JPenn Road Train Member

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    Not necessarily. If you are dispatched from home, you can use personal conveyance to go home, provided you are not already dispatched on another load (in which case it would be advancement only if the load is further on past home, to be annoyingly technical). I'm dispatched from home, the same as a dedicated driver drives to a terminal, pretrips his truck, etc. Except the only drive-to-work time I have to log is walking downstairs, and my staircase isn't long enough to require drawing a line to cover time in transit :)

    Side note: anyone provide a link to all this advancement nonsense? I'm not sure I recollect seeing it in the green book...
     
  4. pattyj

    pattyj Road Train Member

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    Do you always take a cab to work or did you take a cab from your terminal to go retrieve trk?If you was going to get trk then your on duty time starts right then because technically you are working in the eyes of the law.How many points is that?
     
    Last edited: May 7, 2014
  5. pattyj

    pattyj Road Train Member

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    If I get to my terminal and dispatch says Patty I need u to pick up a trk at so and so and tells u to take a cab that is on duty.But it doesn't take a brain to know something isn't right when your last off duty location doesn't match your the next onduty location.Should have said that's where I started work today.
     
  6. Mark Kling

    Mark Kling Technology Contributor

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    Same goes for doing "paid" side work while home. It has to be logged On Duty.
     
  7. gpsman

    gpsman Road Train Member

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    Wrong.

    When you are riding at the direction of your employer, en route to perform duties for your employer, you're on-duty.

    If, as you purport, you were off-duty merely "trying to get to work", you would cover your own cab fare. If your employer incurred that cost, you're on-duty, and obviously so.
     
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  8. Derailed

    Derailed Road Train Member

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    If you were en route to pick up the truck, how does this dot officer know whether or not you're going to take 8 hours off duty when you get there unless you tell them otherwise? At that point the entire event is logged off duty.
     
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  9. razor1983

    razor1983 Medium Load Member

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    Years ago I had to bail out my father from a weigh station, because of a clerical mistake on his license. I flew out of San Diego to Fort Smith AR, the scale master told me there that the whole trip including the taxi rides and airplane had to be logged as on duty, he even asked to see my air fare. I was left with only 2 hours of 14 to get to Memphis. It was a miracle I was able to make it in time! :biggrin_25517:
     
  10. pattyj

    pattyj Road Train Member

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    On duty means working which also means we should get paid for it.The laws are so flawed its pathetic.
     
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  11. CondoCruiser

    CondoCruiser The Legend

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    Here's the one related to a drug test. It's no different.



    To JPenn...



    I use the word advancement to help the ones that misinterpret the rules. :)

    Personal conveyance was made an exception for short trips from terminal to home and home to terminal, from the truck stop to Walmart and back.

    Terminal to home, home to terminal, point A to point B back to point A unladen is personal conveyance. There is nothing in there that says last customer to home. Just because you are unladen doesn't mean you are free to roam the country. If your home is your terminal which means work location then that is where you are relieved from duty. As an OO you act as your own employee (motor carrier).

    I like the online regulations better because they have the Guidance FAQ sections which helps with some of the grey areas.

    Read question 1 above and tell me how it's different? There they answer the question of last stop to home.
     
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