Have to show on-duty not driving while mowing the lawn?

Discussion in 'Trucking Industry Regulations' started by ITHotshot, Jul 4, 2019.

  1. tscottme

    tscottme Road Train Member

    Paid work, ANY paid work, is On-Duty, Not Driving. If it's not paid work, and not for an employer it's Off-Duty.
     
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  3. ZVar

    ZVar Road Train Member

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    Nope. When working for a motor carrier payment doesn't matter.

    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. All the time spent operating a Commercial Motor Vehicle (CMV) for, or at the direction of, a motor carrier must be recorded as driving time.

    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.

    If you have regs that actually dispute the guidance please share. You won't find any though.
     
  4. MACK E-6

    MACK E-6 Moderator Staff Member

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    That’ll work...:laughing3:
     
  5. dibstr

    dibstr Road Train Member

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    There is no requirement to state what you did at a duty status change, just where you did it.
     
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  6. MartinFromBC

    MartinFromBC Road Train Member

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    Some of you way over think this simple process. You're not drawing up plans for a new and improved space shuttle.
     
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  7. not4hire

    not4hire Road Train Member

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    Although all the parts are available in the Princess Auto surplus section. :D
     
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  8. Powder Joints

    Powder Joints Subjective Prognosticator

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    No personal is off duty, Now if your mowing the company's lawn at there direction it becomes on duty .Nothing personal in nature is on duty.
     
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  9. MartinFromBC

    MartinFromBC Road Train Member

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    Some of you may not know this, but they don't actually count the hours that you slept, or if you slept at all. You could sit at a picnic table all night and play your guitar, and then after the required off duty hours, log back in and drive. A few here think that they are going to be asked how many minutes of actual sleep they got, and how was their dream while asleep, was their blanket fuzzy enough , pillow kept cool enough...
     
    Bean Jr. Thanks this.
  10. not4hire

    not4hire Road Train Member

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    Maybe the FMCSA could offer a turndown service. :D
     
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  11. roshea

    roshea Road Train Member

    There is one major exception to paid employment not being required to be logged on duty.

    Question 28: How should time spent at National Guard meetings and training sessions be recorded for the hours of service requirements?

    Guidance: A member of a military reserve component, serving in either an inactive duty status, such as weekend drills, or in an active duty status, such as annual training, may log that time as “off-duty time” regardless of whether such duty time is paid or un-paid. This is consistent with the rights and benefit entitlements provided in the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.)
     
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