Hours of Service: Is this illegal?

As long as your on-duty teaching time doesn't interfere with your appointment times for pickup & delivery, no one will notice or care about that.

 

All work suppose to be logged.

 

When I joined my current company, they made me sign a paper stating that I would not be doing any work for any other company while in their employ. Evidently, they had a driver or two who were doing the Uber thing and subsequently got into crashes and it was determined they should not have been on the road at that time in a commercial capacity as their 34 hour rest breaks from the weekend were null and void as they had performed work by doing the Uber thing.

 

I would like to point out something about this topic. When I am finished I'm going to link a youtube video from about 2 weeks ago in Ohio. If anybody on this website believes this driver was not run through the mill your a fool! You can bet the Ohio State Patrol is still investigating this driver as well as the carrier. This driver did nothing wrong. In fact, the only thing I see he did wrong was to be in the wrong place at the wrong time. I bet this driver was also drug tested. I am also 100% positive Ohio is looking into his life. My point is you can be doing everything right, obeying all the rules of the road and be hit in the rear like this. I hope this driver is OK, the Trooper is at home recovering. Think about this situation with regard to ANYTHING to do with the Federal HOS rules.

LINK

 

I believe anytime you are in a wreck you have to be drug tested. Nothing has changed on that if it is your fault or someone else. The only way that driver is at fault is if he violated his HOS rules and should not had been on the road. Other than that I can't see any issues and would be a shame if he got in trouble because it clearly was not his mistake on driving. If the driver was coming to a full stop or a fast stop he should had put his hazards on but I can't tell from the camera.

 

Yep, anytime there is an injury, fatality, or tow away, instant drug/alcohol test.

 

I'm not sure all accidents require testing. That part I will leave alone. Nowhere in that comment did I say the driver was guilty of anything but being at the wrong place at the wrong time. The guilt of the driver was not my point. I have been involved in three situations where a trucker made an impact with a cop. In ALL the cases the driver was NOT at fault. Still, they do everything but a body cavity search. The point of my comment was to drive this home. When this happens they start looking into everything. I will be willing to bet that somebody from Ohio will be in that carrier's main office soon doing an audit. Oh, and YES, the states can and do these audits. It sucks they do this, but they do.

 

Yes I completely agree. They have the resources to do so, it is no different then if some high profile person gets in an accident while drunk. You think. they will not spend the money to find anything wrong to get them off? People of power and Rich are put in this position because the way the laws are set up.

 

I'm speaking legally. Company policy could be different and require all wrecks to be drug tested, but the regs there is specific criteria.
This is from https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382
1. Human fatality
2. Bodily injury with immediate medical treatment away from the scene and citation issued.
3. Disabling damage to any motor vehicle requiring tow away and citation issued.

Basically the only automatic test is if there is a fatality. Otherwise it's conditional on either company policy or all the criteria for 2 and 3 are met, mostly if a citation is issued.