Is on call on duty?

First of all their are labor laws other then the FMSCA. Some states require the mandatory call in to be paid work. There have been court cases to exactly that. That is why I said you need to talk to a local lawyer to get the exact right answer there.

Secondly the FMSCA is schizophrenic as hell on this issue in the first place. For example:

Yet after the ATA lobbied a couple of years ago this guidance was added that contradicted their own definitions:

This would contradict their definition but allow a driver to be "on call" without being "on duty." Like I said this was added a couple of years ago and local labor laws might disagree.

The best advice I can give the OP is get the employer at least on the same page with the 12/14/16 hour window and the 10 hour break. No way around that and not get audited. Secondly their has to be an understanding that management does not make the law or bs around it. They need to make a effort to get all needed work within that 12/14/16 hour window and allow you a 10 hour break. If they do that, all other things considered, it does not sound like a bad job if you can get 10 hours of uninterrupted rest before being on call again.

 

It doesn't contradict. It says nothing about being home waiting for a call that may or may not come. It speaks to being ready to work while at work. They then clarified it so people that can't read and comprehend well, have a clearer interpretation to go by.

Being paid does not mean you need to be on duty and is a non issue in this case.

The only issue is that the company doesn't understand the 14 hour rule if the original poster stated his concern correctly.

Reading comprehension in this field is very low. This is partly why the new ELD mandate is over 500 pages, and someone will still find a way to Swiss cheese it.

 

Point it out where it "speaks to being ready to work while at work." It does not say that at all. It in fact in subsequent clauses, some of which I did not list, includes area's outside of 'work' where a driver's time might be considered 'on-duty,' It just says, "readiness to work until the time the driver is relieved from work and all responsibility for performing work." No home mentioned. No work place mentioned. You are adding something to the definition that does not exist.

Being that is the simplest of rules their is probably more situations that those in charge are misconstruing.

Speak for yourself. I read fine.

 

Read what you clipped please.

He was relieved of duty when he was sent home. He is not in readiness to work waiting for a phone call sir. To boot you could be relieved from duty on the job site for that matter.

Technically we all are on call when we aren't pre planned. I know I'm not on duty waiting for a call in my truck or at home. At some point if that call doesn't come I go to bed.

 

I sat through an FMCSA audit a couple of years ago when I worked on the inside of a trucking company.

I posed this question to the auditor:

"Let's say one of our drivers arrives at the shipper, he's instructed to open trailer doors, back into dock 1, place the wheel chocks on the trailer wheels, disconnect his red line on the trailer and to remain in the truck while being unloaded.

Is the driver to remain in an on duty status, or can he go into sleeper berth status?"

Mind you, even though he's not working, he's still in an on call status waiting for a call or a knock on the door saying he's free to check out, is he not?

Is the driver supposed to stay on duty, or, in order to preserve time on his 70 hour clock, can he go off duty?

Her response was emphatic, the driver is free to go into the sleeper berth status.

This came from an auditor who has performed hundreds of DOT audits over the years.

Yet, we had a guy put out of service because he did exactly what I described! The inspector told him he has to be in an on duty status anytime he's on the property of a shipper/consignee.

Which is complete bull.

 

You'll probably want to edit your post. If he is in the trailer there is no way he should be logging sleeper.

 

Yeah, typing with fat fingers on a small cell phone qwerty keyboard can do that sometimes I've actually had way worse typos than that.