HOS confusion

Discussion in 'Trucking Industry Regulations' started by newbee NC, Nov 19, 2007.

  1. LogsRus

    LogsRus Log it Legal

    Nov 23, 2006
    Indianapolis, Indiana
    These questions are directly from The FMCSA website (giving credit where due)

    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 FMCSRs to operate a CMV from the last stop to home and not show that time on the time cards?

    Guidance: The FMCSRs do not address questions of pay. All the time spent operating a CMV for, or at the direction of, a motor carrier must be recorded as driving time.

    Question 14: How must a CMV driver driving a non-CMV at the direction of a motor carrier record this time?

    Guidance: If CMV drivers operate motor vehicles with GVWRs of 10,000 pounds or less at the direction of a motor carrier, the FHWA requires those drivers to maintain records of duty status and record such time operating as on-duty (not driving).

    Ok by question 1 & 2 you must log if you are driving towards work (which is really what I thought). The only thing that relates to driving home is the personal use, so read that and take it how you want. Again for you non local drivers make sure the time bobtailing is resonable.

    I am going to e-mail DOT today the 2 main specific questions I get all the time and get it in writting from them. I did ask the one officer and he feels the same as me the DOT book is very vague when stating within reasonable miles. The canadian book tells you 46.6 miles is acceptable any thing over that needs to be shown as driving.

    To the original poster of this question I say you can log it as off duty going home, but going to work it should be logged as on-duty (that's the way I read it anyhow):biggrin_2554:

    Grr not sure if I am posting this 2x's. Sorry mods if I did.
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  3. myminpins

    myminpins Road Train Member

    Sep 20, 2007
    Dartmouth, NS, Canada
    If you ask me, these two sentences completely contradict one another. How frustrating!!!!

    At least Canada made something concrete.
  4. Brickman

    Brickman Trucker Forum STAFF Staff Member

    Sep 17, 2006

    I had a cop wannabe DOT officer tell me the same thing. When I told him to show me the law he was quoting he couldn't get rid of me fast enough.
    Driving a POV should never have to be logged "on duty". There is already too much intrusion into the lives of a driver. We don't need this nonsense.
  5. Brickman

    Brickman Trucker Forum STAFF Staff Member

    Sep 17, 2006

    Question 1 has to do with a semi, and 2 has to do with a car UNDER THE DIRECTION OF THE CARRIER. Nothing in there says a POV must be logged on duty.
  6. cutloose

    cutloose Light Load Member

    Jul 9, 2007
    If your pulling a trl. u need to be loging it. If your BT ing and not under way for a ld. Ive been told you dont need to log it..

    So a few yrs back I was BT ing, went in2 the scale house, left with a ticket. I didnt have a ld. or was i on my to get ld. I was going home.

    If your worried about losing 6 hrs.. I suggest u pull your staples on log book, this is called loose leaf and be creative.

    But then again I just have been on a roll with citations, got 3 in 1 month after 4 yrs of not having to pay any donations.. So i dont want 2 jinks u!
  7. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

    Sep 18, 2006
    the road less travelled
    The rule is you can drive home off duty, but you go on duty as soon as you leave home again, you also are now working from your home address for that trip(home terminal address). I did that for a few weeks here and there.

    What I found was that driving a pickup or car was more likely to result in a near accident than driving bobtail for the first couple of years, lately, I can drive pretty much anything without problems of perspective clouding my abilities.

    As for getting a ticket for driving a CMV for personal transportation, I'd say get a lawyer and fight it, the law is very ambiguous, probably to help out guys who drive their own truck. It wouldn't be the first time a judge dismissed something and asked to have a word with the officer writing the citation.:biggrin_25523:
  8. Himes3328

    Himes3328 Light Load Member

    Nov 30, 2007
    Go to www.olblueusa.org it has an H O S presentation to help you understand the hours of service rules..:biggrin_2558:
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