Hours of Service: Is this illegal?

Discussion in 'Questions From New Drivers' started by Don Key Hotey, Dec 31, 2021.

  1. sealevel

    sealevel Road Train Member

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    Splitting hairs, but it is not required in a tow away by law. Only in injuries that require immediate medical attention. In other words, oncoming four wheeler crosses two lanes side swipes you and takes out two drive, two trailer tires and rims and completely totals his brand new Lexus but refuses medical help on scene. Truck driver will not be required to drug test even though both vehicles were towed. Like I said, splitting hairs, but it is not required in a tow away when there is a clear and concise accident report. I know first hand.
     
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  2. Ridgeline

    Ridgeline Road Train Member

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    Better check that - 382.303: Post-accident testing

    if either vehicle is towed, there is a drug test.
     
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  3. smokey12

    smokey12 Road Train Member

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    Good Lord.am hour on line max? I wouldn't say a word.
     
  4. sealevel

    sealevel Road Train Member

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    Not in my case, and I was pulling for one of the most safety anal companies there is. As soon as the other driver admitted fault and refused medical help on seen I was good. Safety department even asked to speak to the trooper working the scene. Both vehicles were towed. Just telling you how it works in real life in a clear cut case. I was fine with taking a drug test if I had too but was way more worried about the logistics of putting my truck back together. I can check anything you want but I have had it happen twice. I will add that in both cases a state trooper handled the scene and my carrier had the accident report within 30 min. Never had DOT on the scene. Take it as you want.
     
  5. Bean Jr.

    Bean Jr. Road Train Member

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    I think we're missing one important piece of information. Is he being paid for this 1 hour of learning? If not, there is no reason to log it on duty. It is not for his driving job, rather for his other job. Only when doing for for a carrier is non-compensated work considered on duty. If he's not compensated for it by his other employer, it's not on duty.
     
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  6. ZVar

    ZVar Road Train Member

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    He claimed it was a job teaching online. I think it's fair to assume he's being compensated for that.
     
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  7. sealevel

    sealevel Road Train Member

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    On the original question, if your other job isn't transportation related and your not running two log books just keep your mouth shut. It would otherwise be like logging on duty time for cutting your neighbors yard for 20 bucks, or telling your DOT doctor you have a severe snoring problem. What are we even discussing here. There is no problem.
     
  8. Moose1958

    Moose1958 Road Train Member

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    Just based on the table that's part of 382.303 the being towed is only true if the driver gets a ticket. Just based on that table the carrier MUST test if there was a fatality. After comment 36 was made I called a friend who is a retired DOT cop. I left a VM, maybe he will call me back soon.

    The text to 382.303 can be confusing, but that table is clear.

    [​IMG]
     
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  9. Don Key Hotey

    Don Key Hotey Bobtail Member

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    Yes, I am being paid for the teaching job. Thanks.
     
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  10. Don Key Hotey

    Don Key Hotey Bobtail Member

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    I see what you are saying. Maybe I am worrying for no reason. Again, being an outsider in this industry and totally clueless about the daily reality of logging one's HOS, I asked the question to err on the side of caution. At this point, after reading everyone's posts, I feel like the only thing to do is show my recruiter the FMCSA guidelines concerning the logging of hours for a second job and see how he wants to deal with this. I will get everything in writing in order to protect myself.
     
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