Go read the regs again.
One is only required to log sleeper when one is resting in the sleeper.
One is required to log off duty when one is off duty, but not in the sleeper....
Being attached to a load has nothing to do with on/off duty and especially not off/sleeper.
Keep Trucking ELD logging question.
Discussion in 'Trucking Industry Regulations' started by Concorde, Apr 12, 2018.
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You are considered to still be on duty when you are attached to freight.
Log off duty for an extended period of time when you have freight and something happens to the freight you are considered to have abandoned the freight according to the log.
Not going to argue this point with you.
Under a load, the10 hour rest break is in the sleeper. Jump out and go in the shower and/or get dinner? I guess that can be off duty and not considered an extended period of time. I've never had a problem with logging that. -
On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. 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;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(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;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.scottied67 and Concorde Thank this. -
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I don't know if you are being an a-hole or just not good at communication. For now I'll assume the latter....
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After having driven the allotted 11 hours, you(the driver) are required to be off duty or in the sleeper for 10 hours. It can be any combination of the two, but most DOT officers i have dealt with will say at least 8 hours in the sleeper and then at least 2 hours off duty.
Now you can log 10 hours off duty and if you can convince the officer you were resting somewhere outside the truck, you are legal.
Some of these companies who don't allow idling in Barstow in August, so the driver tries to get some sleep in the drivers lounge, they would be the one's who should log off duty for 10 hours.TallJoe Thanks this. -
I appreciate your original reply with my issue and I'm now logging sleeper berth when I'm actually in sleeper.
After a heated couple moments with "safety gal"
I finally told her she could kma or let me call Keep Trucking tech support and fix the issues the company is having on the administrative side...(no violation would show up on my mobile log)
I called, they fixed, and the owner is now happy.
What I find sad is, that out of 68 drivers I was the only one who said anything and refused to pay the company a $25.00 fine.
I'm a relatively new OTR driver (1.5 years otr) hauling meat out of Detroit. Same gig I had with my previous company.
As I said in my OP, I always logged off duty for my 10 unless I was going to use the split sleeper berth provision. In my short time out here I've had 2 level 1's and a level 2 inspection. I've also had my logs with last company go through a 3rd party auditor...we ran with paper there.
Never once did anyone question the way I logged so I just assumed I was doing it right.
Unfortunately the regs leave too much room for misinterpretation...imo.
Now, before I sign off again..how should I log my 34 reset if I'm in my truck at a truck stop? Just go off duty the entire time?
Thanks again..truadvocate Thanks this. -
Last edited: Apr 18, 2018
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Log the entire 34 as off duty even if you're asleep in your sleeper.
You are not at work or under a load.
Just maybe frugal and not trying to spend the money for a hotel if you're away from home. -
The first and second regs in the code explain how to log off duty and sleeper. I suppose there are those who still need a bit more hand holding to understand the words on the page...
395.8(1) Off Duty. EXCEPT for time spent resting in a sleeper berth, a continuous line SHALL be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty...
395.8(2) Sleeper. A continuous line SHALL be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth....
So they tell you right there, log sleeper berth for all off duty time except when not in the sleeper berth and not on duty (then it shall be off duty), cannot get more simple than that geezhscottied67 Thanks this.
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