Log Question

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

  1. tumblin dice

    tumblin dice Light Load Member

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    Jeez......you drivers just love to debate.......I'm reminded of that kid that sat at the front of the class with his hand raised every time the teacher asked a question "Me, Me, Me"!
     
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  3. otherhalftw

    otherhalftw R.I.P.

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    Your "status" shows "wannabe" so let's "debate" the issue(s) of this debate for your future!
    1. Without debate, there could be no understanding.
    2. Without debate, questions would go unanswered, and probably unasked.
    3. Debate, gives open consideration of several or many points of view of questions to a topic of discussion.
    4. Misinterpretation of rules and/or regulations can lead to violations through ignorance of those rules/regulations.
    5. Can a driver be prepared, informed, and compliant without at least a basic knowledge of the guidelines he/she is expected to follow?
    6. For every pro there is a con, for every rule there is question, for every reason there isn't necessarily clear thought that leads to the conclusion of reason.

    Since we, experienced drivers, are willing to debate the interpretations of the rules and regulations we are currently hog-tied with, we experienced drivers are offering you "wannabe's" an open forum to see, hear, or read about the differences that we experienced drivers struggle with on a daily basis. You obviously aren't admitting to being that "kid in the front row", so does that make you the kid in the middle listening, or the kid in the back paying no attention at all?
     
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  4. tumblin dice

    tumblin dice Light Load Member

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    Apr 18, 2014
    Jacksonville, FL
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    A most eloquent defense indeed Othertw! I sense I may have ruffled some feathers!
     
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  5. TomOfTx

    TomOfTx Road Train Member

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    Any driving of a non-commercial vehicle would be logged as Line 4 On-Duty (Not Driving). This is taken from the guidance section of §395.2 http://www.fmcsa.dot.gov/regulations/title49/section/395.2?guidance

    Question 14: How must a Commercial Motor Vehicle CMV driver driving a non-Commercial Motor Vehicle CMV at the direction of a motor carrier record this time?
    Guidance: If Commercial Motor Vehicle CMV drivers operate motor vehicles with Gross Vehicle Weight Rating (GVWR)s of 10,000 pounds or less at the direction of a motor carrier, the Federal Highway Administration (FHWA) requires those drivers to maintain records of duty status and record such time operating as on-duty (not driving).
    -------------------------------------------------------------------------------------------------------------------------------
    For §395.1(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.

    The "traveling, but not driving" referenced in §395.1(j) refers to driving of a commercial motor vehicle, not a non-commercial vehicle such as a rental car.
     
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  6. TomOfTx

    TomOfTx Road Train Member

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    Metal sharpens metal. Pulling opinions from many is how to reach a consensus of what the true answer actually is. Debate stimulates thought for me personally.

    I often post in various threads just to motivate my mind to stay fresh on certain subjects, not to argue. :)
     
    otherhalftw Thanks this.
  7. Cranky Yankee

    Cranky Yankee Cranky old ######

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    and 99 out of 100 just never fill out anything until they get in the truck
    legal smeagle
     
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  8. turnanburn

    turnanburn Medium Load Member

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    He didn't actually say if he was being compensated for the time. Anybody on their way to work is reporting "at the direction" of the employer, but it isn't FMCSA business unless there is compensation involved. They pay rental or some form of wages/expenses means he's not commuting anymore and must log the time as on duty.
     
  9. 12 ga

    12 ga THE VIEW FROM MY OFFICE

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    On one of my numerous part time job since I semi retired in 2001, I was on a slip seat type of operation where another driver drove a company van from the terminal to a designated truck stop. We exchanged vehicles and I drove the van back to the terminal, a distance of 45 miles. I was not compensated for this, which partially explains why I used to work there.

    Regardless of the exact interpretation of the regulation I logged it as driving time even though I was off duty when I arrived at the terminal. I always functioned under the premise that if an error was to be made always make it on the safe side. If ever checked on the log status I don't feel that a cop would say a thing about logging driving vs on duty not driving. Saving hours was not an issue and in that reguard it makes no difference one way or the other as long as the 10 break issue doesn't come into play. As for not loggong it until it is all said and done, don't forget your logs must be current to the last change of duty status. That kind of blows a hole in that plan doesn't it. Then there is the workmans comp aspect to consider in this whole issue, all states a a little different.
     
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  10. TomOfTx

    TomOfTx Road Train Member

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    I do not believe any law enforcement officer would make an issue of it either. There was not any intent to deceive. I am just discussing the issue from a legal interpretation for any new driver who may be confused. :)
     
  11. 12 ga

    12 ga THE VIEW FROM MY OFFICE

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    Oct 21, 2013
    Central Michigan
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    Been driving for 50 years, I thought being confused was part of the job description:biggrin_25523:
     
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