Hours of service questions and answers

Discussion in 'Trucking Industry Regulations' started by LogsRus, Oct 26, 2008.

  1. CondoCruiser

    CondoCruiser The Legend

    Apr 18, 2010
    The whole thing I think he's trying to extend his 14. That's why I mentioned the pretrip and check in which must be logged.
    Screw sitting in the drivers room. I'm gonna be in the sleeper and log it as such.
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  3. ironpony

    ironpony Road Train Member

    Sep 23, 2007
    Ask my GPS...
    Well, yeah - its obvious that management is trying to extend Jeffronic's duty day. And I totally agree with you CC... best use of such time is in the sleeper berth.
  4. Half a Load

    Half a Load Light Load Member

    I agree 100%, couldn't have said it better! That's why I've been looking for a job for 1 year. I won't take anymore of that kind of crap! :biggrin_25514:
  5. Half a Load

    Half a Load Light Load Member

    I think everyone has made really good points, but nothing is in stone. If it was me I would log it as On Duty Not Driving, because I'm a dick about my hours and refuse to work 20-something hours a day. If they called me in and made me wait, it is their stupidity for wasting my time. If you worked at McDonalds and they said to start at 1:00 but when you got there they said to wait until 4:00 before you punch in, I don't think you'd be there very long! We accept way too much bullcrap in this industry and it won't stop unless we stand up for ourselves.
    On the other hand, if you're all about the money, then log it off duty and save your time.
    I think this can be interpreted both ways: "...On-duty time shall include:
    (1) All time at a plant, terminal, facility, or other property, of a motor carrier or shipper or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier..." If you have 'punched in' or have any documentation whatsoever that says you are at work and waiting, I think it will show in an audit.
    I suppose you could say it's splitting hairs, but I don't like rabbit stew (ha ha ha)
    So, if you're worried, always cover your buttocks! Get it in writing. Something that specifically states that you are relieved from duty for this period of time. Then get in your car and go to Dunkin-Dognuts and have a coffee. If they give you attitude, show them the document that says you're "Off Duty".
    If they refuse, then you know they are wrong and taking advantage of you!
  6. Jeffronic

    Jeffronic Bobtail Member

    Feb 17, 2008
    Spring Grove, PA
    Here's the situation. Although they don't call it this, I am essentially on call. Every day they will call me with a time my load will be ready. I have been asked to come in as early as 1100 and as late as 2000. With that in mind, timing your sleep can be nearly impossible. What I have been doing is logging the 1-5 hours of waiting time if I know I will be too exhausted to take additional loads that night. If I'm called in right after I wake up, I don't log that time. That way I can take more loads and make more money.
    The legality of this matter seems to come up for debate a lot in our drivers room. It's always the "you're just screwing yourself" crowd versus the "don't let DOT catch you" crowd.
    I guess this is just one of those gray areas that must be interpreted by a judge if I'm unfortunate enough to be in that situation.
  7. Half a Load

    Half a Load Light Load Member

    I still say you should have it in writing that you are allowed to log it 'off duty'. That way, it may not hold water in court, but gives you plausible deniability for not following the HOS rules, if that be the case. If they won't put it in writing, you know they don't believe it's really legal. If they ask why you want it, and try to argue about it, just tell them you had a road side inspection and the DOT officer was asking about certain hours and you wanted to make sure you are legal. Don't get them to be defense, rather make them think you want to follow the law and need something to cover the gray matter!

    I used to carry a card that said I could log my breaks as 'off duty' and that was issued by my company. This company should give all their drivers something in writing if that is the way they want it logged, unless they know they are asking you to break the law.
    Jeffronic Thanks this.
  8. kajidono

    kajidono Road Train Member

    Jun 1, 2009
    I have a judge's opinion on the matter. My mom worked at a jail for a while where they had everyone on call during breaks and lunch. One of the guards didn't like it and filed a lawsuit. That turned into a class action which covered all the employees. They ended up winning. So if you're on call, you're on duty. And owed back pay. Would be interesting how it would play out with a trucking company but there is precedent.
  9. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

    May 28, 2009
    The Who's Your State
    He said he was paid for the time waiting so there would be no back pay owed.
  10. rodknocker

    rodknocker Road Train Member

    Dec 18, 2008
    These .35 cent a mile companies will be losing drivers trying to keep them happy because of the shortened hos. The weak companies won't be able to keep up with the fuel price hike. Soon it will be nothing but home time and big money. We need to push the safety issue to 8 hours driving time with a 72 hour restart. :biggrin_25524:
  11. Half a Load

    Half a Load Light Load Member

    Fuel prices don't matter, it's figured in to the rate. Most O.O.'s know that they can make MORE money with the fuel surcharge when the prices go up.
    There are plenty of drivers looking for work, they'll settle for less, it's been that way for 80 years. One company goes under and another takes over. Someday there will be nothing but UPS, Ryder, JB and Schneider.
    I think it should be the same as every other job... 40 hours/week, time and a half after that and the same minimum wage. Nobody would want to break the law then!
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