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

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

  1. TLeaHeart

    TLeaHeart Road Train Member

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    Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?
    Guidance:
    a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

    http://www.fmcsa.dot.gov/regulations/title49/part/395.8?guidance
     
    gpsman Thanks this.
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  3. whoopNride

    whoopNride Road Train Member

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    Ha, me too. Know when to walk away, and know when to RUN!!!!
     
    walstib Thanks this.
  4. whoopNride

    whoopNride Road Train Member

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    395.7 Newbies that break the rules can be taken to the shed out back and violated!


    :biggrin_2559:[/QUOTE]



    :yes2557::yes2557::yes2557:
     
  5. freightrunner

    freightrunner Heavy Load Member

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    If he drove the truck down there it'd have to be logged. But basically when ever you're under dispatch they want it logged. And just because you're bobtailing doesn't mean you're off duty, only when you're handling personal things.
     
  6. 70s_driver

    70s_driver Medium Load Member

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    According to the last company I worked for, you are only allowed 30 minutes of off duty driving time from home to work per day, even then, you cant be under dispatch and cannot be under a company trailer. All other time is on duty driving. According to the regs, anytime you are driving is on duty driving. As for riding in the taxi, if the company dispatched you in a taxi to pick up the truck, it is considered on duty not driving. According to D.O.T., any time spend in service for the company is considered on duty unless you are driving, then its on duty driving. (Examples of on duty not driving included in the regs are: waiting to be dispatched, required to be in readiness for work by the company, waiting at a company's customer to be loaded or unloaded- which some companies give you a card relieving you of duty in that last instance but I have always questioned the legality of it- I do know Maine doesn't recognize it-they shut me down once on account of it- said I was lying on my log by logging off duty at a customer location, which they didn't write me up for lying, they just wrote me up for logbook not current)
     
  7. 70s_driver

    70s_driver Medium Load Member

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    Which all of this happened in the 90s too, could be different now? From the sounds of the op, not too different though? Course, if they get ready to write a ticket, they will find something to write it for.
     
  8. Sly Fox

    Sly Fox Road Train Member

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    Under the new 'you can log off-duty in a parked CMV', I always show off-duty once I'm done checking in/bumping the dock at a customer. No DOT in all my inspections have said anything about it. My previous carrier had one of those cards. Since, I am my own carrier now, I authorize my employees to take a break whenever they feel like it.
     
  9. Roadmedic

    Roadmedic Road Train Member

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    This has nothing to do with the fact that they were dispatched to pick up a truck at a scale and therefore were on duty.
     
  10. Wooly Rhino

    Wooly Rhino Road Train Member

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    My personal view and I have not read all the responses, is that if you were in the front seat of the cab, it is on duty but if you were in the back seat it is off duty or sleeper. On duty requires you to have some duty. Breaks are off duty. If you did not have to tell the cabbie which route to take what duty do you have?
     
    cowboy_tech Thanks this.
  11. cowboy_tech

    cowboy_tech Road Train Member

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    The duty to pay DOT their share of your money ;)
     
    pattyj Thanks this.
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