Log Question

Discussion in 'Questions From New Drivers' started by xlsdraw, Jul 10, 2014.

  1. FatDaddy

    FatDaddy Road Train Member

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    So if you drove 4 hours in a rental car and got right in the truck you would only have 7 hours of available drive time? I always thought it was line 4 myself.
     
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  3. xlsdraw

    xlsdraw Road Train Member

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    Looks like this was a good question.
     
  4. double yellow

    double yellow Road Train Member

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    State of Jefferson
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    "Driving time means all time spent at the driving controls of a commercial motor vehicle in operation."

    http://www.fmcsa.dot.gov/regulations/title49/section/395.2
     
  5. 12 ga

    12 ga THE VIEW FROM MY OFFICE

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    Central Michigan
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    I believe in order to qualify to log off duty he would have be returning to his HOME TERMINAL, that is not the case in this instance. Then maybe not?
     
  6. not4hire

    not4hire Road Train Member

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    Destination is irrelevant, driver just requires 10 hours off.
     
  7. double yellow

    double yellow Road Train Member

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    This was news to me, but true. Regulation 395.1 (j)

    "(j) Travel time—(1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period."


    Note that if you drive yourself you cannot use the 10 hour rest break rule to log it all as off duty.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Michigan
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    Wait a minute, where does it say you even have to log on duty?

    You are relieved of your duties at that point coming out of orientation,

    If you are transporting yourself to a truck or from the truck, it is your time and you are not on duty, you are off duty unless you are being paid for that trip and then it is questionable because you have zero duties related to the truck or its operation.
     
  9. not4hire

    not4hire Road Train Member

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    Whether or not a driver is being paid is irrelevant.
     
  10. double yellow

    double yellow Road Train Member

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    The post right above yours contains the regulation
     
  11. otherhalftw

    otherhalftw R.I.P.

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    Nov 18, 2008
    CA...gold discovery foothills
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    That is the simplest definition of "driving time", and that is where you linked from...DEFINITIONS. Since they are "working on improving the site" I cannot locate the explanation regarding this exact question, believe it or not, the OP's exact question is used as an example of logging compensated driving time to retrieve/rescue a carriers equipment.

    But since you like to be exact in verbiage, what difference would Line 3 or Line 4 make in being sent (via rental car, at the company's direction and compensation)? Correct logging (legal, no holds barred) would still be using hours from the 70.

    To answer this question: Yes, if logged on line 3 it takes away driving hours before a 10 hour break. And if line 4, it still takes time from the 70 as I said above.

    Now, a secondary argument regarding the "difference between CMV and non-CMV: re. "Personal Conveyance"; If applying the absolute definition of "driving time" (according to your link and quote--"Driving time means all time spent at the driving controls of a commercial motor vehicle in operation."

    There could be NO personal conveyance, since the use of that would require the driver be at the controls of a CMV. No matter as in WA (PC bobtail only, along with other states) or in CA using the "unladen" exception, still the driver is at the controls of a CMV.

    Even the FMCSA has exceptions to most every line in the regulation book, along with example differences in interpretation by the different states. Bottom line...check with your carrier on how they designate what goes on Line 3 and what can be done on Line 4.
     
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