Yes, that's a common mistake, and rookies often make it. If I were the plaintiff, I might argue that during training, I was encouraged to do this, on the premise that I was told that I would not be paid for on-duty time not driving, or I might claim that I was told that it doesn't count as on-duty unless I was being paid for it. Of course, we know better, but a rookie could probably make the argument that they didn’t - they were still learning these things, at the time, after all.
Let's remember that the plaintiff is not the defendant, and that they are essentially claiming that the problem is systemic within Swift - so the individual circumstances of each driver are less relevant than the compensation policies of the carrier. The plaintiff's specific circumstances are only relevant in that they illustrate the policy problem at Swift. DoT may later try to enforce a citation against the plaintiff (probably not, given whistle-blower protection rules), but that would not carry over to the entire class, in any event.
When I started out with them my trainer would still get me up to help with back ups and what not... So if I went through it I'm sure others have too.. Nowadays I can drive circles around any of those fruits.... You have noobs who can't shift gears training other noobs... Best way to cause bad habits and accidents smh