Loading / Unloading and HOS and going off duty?

If it were me and I am not required to attend loading/unloading and am relieved of duty by the carrier, I would log sleeper berth or off-duty if I went off premises such as for a meal break. The regulations are poorly (re)written and should clarify that "waiting before and while a commercial vehicle is serviced, loaded, unloaded or dispatched" means while being required to attend to the aforementioned. For example, I am not going to burn up six hours during a live load, nor am I going to be logged on-duty if I am having a meal break or if I have left the vehicle at the shop/dealer to get serviced and have gone to the on-site waiting room or for a meal, a walk, etc.

If your carrier requires you to remain on-duty while being loaded or unloaded and you cannot log sleeper-berth or off-duty then I hope you're being paid by the hour.

Half the challenge is understanding the regulations to the point that you can clearly articulate why you are in compliance if you are inspected.

 

As stated above if your carrier has a letter relieving you of duty in the truck you can log on duty back in then log off duty . Once loaded go on duty for paperwork . This has never given me trouble during inspections or audits .

 

Yes, waiting in the cab and not the sleeper is on-duty. I have done what I and @magoo68 posted without issue.

Ask them if they were at a shipper or dealership and they were told it was going to be several hours so they went across the road for a bite to eat, would they log that on-duty?

 

It's off duty. There is nothing in the regulations that state waiting time has to be on duty. As long as you are not actually working you are perfectly legal to log off duty. I don't know where you got that on-duty definition, but it's wrong. Here is the real definition in the regulation as per part 395.2.

The closest one is number one, but it's not as it has a clause of "while waiting for dispatch". You aren't waiting for dispatch so it doesn't apply.

Also if you are resting in the sleeper berth it has to be legally logged as sleeper berth, it cannot be on duty.

 

Not any longer in the US.... It used to be, but it's been changed,
(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;

Well, hazmat and teams have different rules, for the most part on can be in the cab off-duty.

 

Good thing we're in the Canadian forum and not talking about the US, then.

But your posts are useful if he ever goes there.

 

Usually I notice that, oops.