Is going off duty on elogs while driving under 25mph a violation?

Discussion in 'Questions From New Drivers' started by DoublePump, Oct 5, 2014.

  1. crzyjarmans

    crzyjarmans Road Train Member

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    No, just answering the op question, never even saw your post, lots of drivers find ways to save time, if his trainer is telling him it's legal, he should know the truth
     
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  3. TLeaHeart

    TLeaHeart Road Train Member

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    on duty does NOT mean under dispatch... there are many times while under dispatch, a driver is OFF DUTY.

    *A. Definition of On-Duty Time
    The FMCSA is excluding from the definition of on-duty time (i) any time resting in a parked vehicle, or (ii) up to 2 hours in the passenger seat of a moving property-carrying CMV, immediately before or after 8 consecutive hours in the sleeper berth.
    (1) If a driver spends time waiting to be loaded or unloaded resting or conducting personal business, can the driver log it as off duty?
    The changes to the definition do not alter the existing parts of the definition that define, as on duty, “(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded.” Unless a driver is released from all responsibility for the vehicle while waiting to be loaded or unloaded, time spent waiting is still considered on-duty time. Revised on February 13, 2012.

    http://www.fmcsa.dot.gov/faq/what-other-changes-are-there-hours-service-rule
     
  4. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    You can disagree all you like, but that doesn't mean I'm wrong.

    http://www.fmcsa.dot.gov/regulations/title49/section/395.8?guidance
    No mention of weight limits, no prohibitions on pulling trailers, etc.

    ...and looky there:
    http://www.fmcsa.dot.gov/regulations/title49/section/390.5

    You were wrong about what constitutes a CMV, too. 26,000# has nothing to do with anything other than the classification on your driver's license.
     
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  5. Powder Joints

    Powder Joints Subjective Prognosticator

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    Your right, you call in and tell dispatch, gee he load is going to be late because of a steeraxle blow out, DM-Driver the load has to be on time no matter what, DVR- OK No problem get the owner or the safety manager to send me a message instructing me to runover the 14/11/70 hos rules, Or get another driver to repower the load Im not moving.
    DM- Gee called the customer they state get there as soon as legal.

    Unplanned handled, you just have to stand your ground.

    By having an accident I learned you are legaly responsible if you run illegal and have an accident or injury someone, maybe criminally negligent. You want to gamble. To me, no load, no appointment time, or one elses word is worth me putting my family and future in jeapordy.

    And Iam certainly not going to teach a student ways to lose there new career. I run legal, Im guilty of speeding ,sure we all are. But there are certain item like cheating a logbook in a manor that can leave you liable. Just not worth it.
     
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  6. Powder Joints

    Powder Joints Subjective Prognosticator

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    No I teach them they have the authority to stop that truck if it is not legal to move it. I teach them the correct way to handle emergencys, that does not imclude Ill go ahead and run it thru the night even tough Im dead tired, and gamble on killing themselves and anyone else on the road. There is reason to be any idiot and endanger the public.

    First thing I told the owner of LA Caeyse before they flew me to Iowa , I dont run hot , I will run every legal second I can squeak out of the clock, If l call dispatch and shut down the truck I do not want crap about it, And I would only do that if there is no other reasonible legal course of action. His answer was when can you make the flight, Ill pick you up myself.

    Yes I run it legal, period. And that is exactly what I teach. No load to important that I can not shut it down.
     
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  7. icsheeple

    icsheeple Trailing the Herd

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    I'm getting used to this ELD, elog. Today I went from sleeper to driving. Just started driving and the log started to show the line 3 count down like normal. I had gone a couple blocks and had to stop at 2 lights. While stopped at a red light I glanced down and noticed it still had me in the sleeper. I was like WTF, I though driving would throw it on line 3 and then line 4 when stopped again, but I guess I hadn't gone far enough. I quickly changed it to line 3 and green light came and I started rolling again. I hope this thing doesn't get me in hot water when on paper I was generally a little angel and logged it legal....most of the time... Always...
     
  8. Cy Ran

    Cy Ran Light Load Member

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    I had no idea what you where saying, I was also trying to figure out what the 'nut*' who thanked you was implying. Not sure what Internet service company you use but most don't charge by-the-word. Get a new provider and you can use the all the words you need to put together an understandable reply.

    * I use the word 'nut' in the context of; the OP posts a multi level complex scenario and the reply is a useless one-syllable reply (reread your reply in post #2 and argue it is not useless) and gets a 'thanks', around these parts we call that a nut.
     
  9. Starboyjim

    Starboyjim Road Train Member

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    Absolutely, totally right on. It's a job, not punishment.
     
  10. Starboyjim

    Starboyjim Road Train Member

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    I don't get why Shred thinks in a such black and white dichotomies. If we train people in a reasonable way, a professional way, that means rainbows and unicorns in a pretty little world? Not. Driving a big rig isn't likely to be any of those, not very often anyway. But, it could mean not littering, practicing hygiene, being polite, not cheating on logs, and other modern methods of being a professional Class 8 vehicle driver. Even all the way to training new drivers in these modern methods.
     
  11. Starboyjim

    Starboyjim Road Train Member

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    Pedigree is right about most of these details. Empty trailer, 26,000lbs, you can be on line 5. Off duty waiting to be loaded, true, but weren't we talking about line 5 in this thread? Anyway, looked a little harder, thanks for that.
     
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