Line 1, can't go back?

Discussion in 'Trucking Industry Regulations' started by johnday, Aug 21, 2011.

  1. THBatMan8

    THBatMan8 Road Train Member

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    Sorry for the double-post, but I forgot to read the other question you had about the 16 hour rule:

    Direct your attention to 395.1 for rules regarding the operations of short-haul carriers. Your safety manager is correct. Normally, short-haul operators are exempt from federal HOS if they operate within the 100 air mile radius and/or your on-duty work day does not exceed 12 hours. If you need to work beyond the 12 hour duty period, you are given the 16 hour extension once a week. Just because you aren't on line 4 doesn't mean that 12 hour clock isn't ticking. That clock starts ticking the moment you log a on-duty status and it doesn't stop ticking until you either take a 10 hour break or the first portion of a sleeper provision.

    Yes, you can be on line 4 24/7/365 and not violate anything. Just don't climb into the drivers seat of a CMV. If you need to drive, understand the extension. If you go over on on-duty drive time, the radius no longer applies. ;)
     
    Last edited: Aug 27, 2011
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  3. Yatista

    Yatista Medium Load Member

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    Are you saying that if I put the truck in the shop on Tuesday morning at 0800, the shop takes until 0800 on Friday to get the repairs completed, I spent 3 days in a motel and now I'm out of hours and need a reset because I've been on line 4 for 72 hours ?
     
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  4. THBatMan8

    THBatMan8 Road Train Member

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    I said while repair work is being done, not while the truck is parked on their yard. If you're assigned to the truck, and it's getting repaired, you need to be on line 4. Even when you're riding shotgun while the mechanic is driving, you need to be on line 4.

    It's the same thing with being at a shipper or reciever that is loading/unloading your freight. If you're in the sleeper, you 'should' be logged on-duty. This is not the time to push a 34 hour reset. Time off would imply that the truck/trailer isn't being used for work related reasons. Getting repair work done to the truck/trailer is work related, even when you aren't doing the repairs yourself. Loading and unloading freight is also work related, even when you aren't doing the work yourself.
     
    Last edited: Aug 27, 2011
  5. Yatista

    Yatista Medium Load Member

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    The carrier, based on FMCSR , may allow a driver to be relieved of responsibility for breaks, meals, and other interruptions of the work day. The driver can use that time in the sleeper or away from the truck. If the driver is waiting for repairs at the shop, or at his terminal the driver would be on line 4. The O/P was at his terminal and did not have authorization to be relieved of duty. Two reasons he was wrong. If the driver is authorized and goes to the diner, the motel etc. he can be line 1.
     
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  6. SLCTrucker

    SLCTrucker Medium Load Member

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    Waiting to get it into the shop yes, but once its in the shop you are ok to go off duty.
    Would be kinda silly when your broke down for 10 hrs or couple of days to be logged on duty while waiting. :biggrin_25513:

    In your postion though as you dont have the off duty waiver from company you needed to stay on duty.
     
  7. THBatMan8

    THBatMan8 Road Train Member

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    You reiterated what I stated. I said "if you're assigned to the truck". If the company relieves you from the truck, then yeah, you don't need to log repair work on-duty. Your scenario is different from the OP's as the OP wasn't relieved from the truck, as you stated. My post you origionally quoted was directed at the OP's scenario. I wasn't speaking in general terms, and I hate it when people make that assumption. That's partially why I left the forum.
     
  8. SLCTrucker

    SLCTrucker Medium Load Member

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    If you are not loading the freight yourself you can be off duty or in the sleeper..

    Arrive at shipper.. go on duty
    Check into office.
    Assigned a door.
    Back into door.
    You are not required to load/unload you can go off duty or to sleeper for a nap.
    3 hrs later they tell you ok your done.. go on duty.

    Get paperwork & everything else & leave..

    LOG WHAT YOU DO & DO WHAT YOU LOG
     
  9. THBatMan8

    THBatMan8 Road Train Member

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    When your truck/trailer is getting serviced/repaired, you need to stay on line 4 for the duration of the repair. This is what the FMCSR states. If your truck is just sitting there and no one is doing any work on it, then yes you can go off-duty or sleeper. Basically the reasoning behind this is the FMCSA wants you to be a babysitter and overlook the repair work, to ensure the vehicle is in good running order.
     
  10. SLCTrucker

    SLCTrucker Medium Load Member

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    That is partially incorrect, if your broke down on the side of the road, yes on duty the whole time...
    If your in a shop enviroment then you are not required to be on duty once you have checked in, you are not at that time taking care of your vehicle..

    You can not go to sleeper unless you have access to the truck & most shops will not let you in truck while it is being worked on
     
  11. THBatMan8

    THBatMan8 Road Train Member

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    That is actually a log violation. You need to show at least 30 minutes of on-duty time at a shipper or reciever, for the same reasons of repair work. You are actually supposed to supervise/babysit a live load/unload (what the SL acronym means on the load assignment {Shipper Load/unload, driver supervise}). If you go to a scale from a shipper that was a live load and you only logged 5 minutes of on-duty time, don't be suprised when you get parked for 10 hours following a inspection. Not to mention, the logs dept will throw violations your way. The FMCSR states all time spent while the trailer is loaded or unloaded needs to be logged on-duty. You and I both know that isn't realistic in all cases, so to cover yourself, log at least 30-45 minutes on-duty. I always place a "ARR, P01 (or P02, D01, D02)" note on the on-duty status as well, so I can pinpoint on my logbook when I arrived at a shipper or reciever. The rest can be sleeper birth or off-duty. Don't give the scalemaster a reason to violate your log book.
     
    Last edited: Aug 27, 2011
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