I am trying to find out if I am required to take a 30 minute off duty lunch during my shift.
ON a typacal night, I start at 9:45 PM for a pre trip, do to my first drop where I arrive at midnight. I usually leave there between 1 - 1:30AM ( so now we are on a new day ) Then I drive either one or two hours to pick up a load depending on what plant I am sent to, spend on average 30 minutes there, then I go home, thats an hour from either plant. SO I am usually home between 4 - 5AM. All together my shift is about 7 hours, but is logged over 2 days.
Sorry if I have given more info then needed, just not sure if the fact that this is logged over 2 days because of starting before midnight, makes a difference or not.
Log book question - lunch or no lunch?
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The FMCSRs do not require that you take a lunch break. The FMCSRs do state that in order to log a lunch break as "Off-Duty" then your company must authorize you to do so.
In the old days, drivers were required to carry with them a special card and/or an official company statement (often found on the cover of company logs books) that gave the authorization but that's no longer required. Simply, the company must have it stated in their company policy....for example our company has it written in our driver's handbooks. State regulations governing intra-state drivers may be different so check with your company to make sure.
Thanks for the responses everyone, I guess I will call the CHP to be sure of what to do. I have never needed to log a lunch running local in tha past, just did the 15 minute breaks like Jam mentioned. But that was on a tachograph, no logs with the past company.
Thanks again everyone!
You can show a 30 minute break if you would like, there is no regulation that would interfere with that (unless you have a specific state law; I am not familiar with the state laws, sorry I am going to work on that one of these days). However we did run into an issue with Payroll and my local drivers. I am going to "try" and recall the situation. He was logging 1 hour off for lunch (to save on his 70 hr mainly) and had been paid full clock in hours. Now someone new takes over and says he took a lunch he doesn't get paid for that 1 hour he is showing as lunch (he wasn't taking the lunch anyhow, just saving on his 70 hr). So you might ALSO check with your payroll and make sure there will not be legal issue's there also.
Sorry everyone been busy moving and on a business trip, life should be getting back together soon, although I don't plan on living here anymore I do plan on seeing how everyone is and checking the regulations board.
Thanks Logs R Us, and everyone else who replied to this post.
I am really not wanting to take, or show a lunch. As you can see from my first post this is not a long run, and I feel that no lunch is needed. The company is wanting me to show a lunch, stating that if I work more then 5-6 hours I have to. Now, I am a bit leary about them telling me this as they say 5-6 hours, if it was a law, I think it would be more specific. But, I guess to be on the safe side I need to check state laws to see if there really is anything like that here in California.
Thanks, I hope that move is going smooth.
I know by law my employeer has to allow us a lunch and 2 breaks, however we don't "HAVE" to take them unless my boss says we have to (which he does).
So I don't believe it's a dot regulation but let me know if you find out it is just that please.
I just noticed you are from California (duh) and California is the "main" state that says you should stop for a break during a 10 hour driving period. I am going to try and look now and see if it's actually in their local regulations. Be back
To add the last sentence
I see nothing about taking a break during the day. Below is the link where I was looking which is the California regulations and they have a link that takes you to the FMCSA. I know DOT does not require it and again I do not see where California requires a break to be logged.
The only other issue is the labor laws (that's the word I was looking for earlier .
Ok there you go
Link to California regulations
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