I'm hauling woodchips for a local outfit here in town and pick up on a private ranch. The boss wants us to run a log book but also wants 3 loads a day which take more than 14 hours to do. I asked one of the other drivers how he logs it legal, and he said that as soon as he hits the dirt road (private property) he logs "off duty" until he hits the state HWY again, and neither DOT or the company have said anything about it. I don't know if this is legal? but if DOT isn't sweating him on it, then it must be. I don't want to get caught up in a log violation because I listened to this guy. Anyone know about this?
HOS rules on private land?
Discussion in 'Trucking Industry Regulations' started by retiredguest, Jun 24, 2012.
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You're still supposed to be on duty. It doesn't matter if you're on private land or not. 395.2 has the definition of "on duty" time. #'s 3, 4, 5, & 8 could all apply to your situation...in other words, you are falsifying your log if you show off duty time.
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And this includes "Intrastate Regs"? I looked on Californias DOT regulations and they state that we fall under the FARM RULE. Forest products. It's kind of vague, and it's was a 2007 revision. I should go to CHP and ask one of the cops on my day off.
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(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:
(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following eight consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a driver's record of duty status, and shall keep a duplicate copy in his or her possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.
(3) For purposes of this subdivision, the following terms have the following meanings:
(A) "Farm products" means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B) "First point of processing or packing" means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
Amended Sec. 24, Ch. 787, Stats. 2000. Effective January 1, 2001.
Amended Sec. 15, Ch. 200, Stats. 2009. Effective January 1, 2010.
http://www.dmv.ca.gov/pubs/vctop/d14_8/vc34501_2.htmCAXPT Thanks this. -
Unless cattle eat woodchips I doubt that would fly??

I wish we could go off duty every time we hit the private property of a customer. No exemption there.
But stopping your driving clock still doesn't stop the 14 hour clock. He's definitely falsifying.
All it takes is someone to run into him. Even if it's not his fault his world and the companies will be turned upside down.123456, Speedemon1084 and chalupa Thank this. -
Well the company doesn't even need to run a log because we don't get go over the 100 mile radius, but he says he wants us to use one. With two loads a day, I can get done in 10 hours no sweat but he wants three which put me in the 15 hour range if I dont cut any corners and our equiptment is bear bait anyway because they get beat up on forest roads 5 days a week. The local DOT portable is set up on our route 3 days a week and loves chip trucks as it is soooo.
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Not sure about local rules there, but running over 12 hours a day makes a log book necessary for most places. I haven't done that for a long time.
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Usualy when we go behind the barrells on a job or onto a customers private property we have to go down to On Duty not driving..
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Notice the following section that he already posted (emphasis added by me)
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Cheat, its the California way.......
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