Logging hometime?

Danc694u,
I called the regional office of the FMCSA on this question.Here was his reply.It may shed some light on the issue but then again it may not.Although the federal guidelines spell out a rule they left the states broad leeway in what's correct or not.
1.Can a bobtail driver log as off duty when taking the tractor home?Answer,YES.I will list the areas that he stated that may be an issue.
A.A driver's company needs to have on file that this is allowed.It must be a written company policy,not just verbal.The driver need not carry a copy of the policy but the states DOT enforcement can issue a OOS citation until proof that a policy exists.
B.Reasonable distance?The FMCSA has no definition for this.When asked why? He stated it is left up to the states interpretation.Will the FMCSA at a future date clarify "reasonable distance"?He stated,not in the forseeable future.
C.What happens in case of an accident while bobtailing home and logged off duty?He said be careful to check your carriers insurance policy.Most carriers,if not all, provide bobtail coverage but only if it's a business related function.Once you have logged to off duty and are using the personal conveyance exemption your insurance company might not cover you for liability unless it's specified in the policy.


So,if you are in doubt about any of of the above,he said log it as driving time to be safe.He said once your clear on state law regarding insurance and state law regarding reasonable distance from home,log as off duty.

 

Unless you are an O/O that is not your truck. You have to log it as driving. O/O do not have to.

 

Not true. As a company driver, I have never had any problems when I did it and they never required a log.

 

I have asked California Highway Patrol before and that is what they told me.

 

I have also asked the FMCSA regional office to get their input. We had issues with different types of vehicles when I was the DOT person for a construction company.

 

I don't trust or rely on anything the commie state of kawleefawneyah states as DOT rules. They are a self-ordained deity unto themselves & just love to unilaterally rewrite the DOT & Constitutional rules to suit themselves whenever it suits the particular officer, dept or event.

I wrote this question ( a similar one) to the FMCSA.
My version asked about a cmv w/o nailing it down to a bobtail.
Their answer may yet be in my other computer but not sure.
If so, I will post it in it's original form.

They said, under the same conditions I provided earlier, it was ok.
The FMCSA investigator I was at odds with on this still said no.

I don't know if a single state can pre-empt these particular rules.

I'm sure the insurance rules can change from state-state re: bobtailing.

If they do, & you find yourself not covered by company bobtail ins at that point, perhaps your personal ins would since you are not under the regulation of the FMCSA & you are using the vehicle for personal conveyance.

A good question to get a written reply to from your personal ins racketeer.

CANGST---Doesn't matter if you're company driver or not as long as the company provides permission to use the cmv as personal conveyance.

 

I don't have this issue And although I have had it in the past. I never logged line 1.

I used line 3 or 4 depending on the hours available to me. Even though I had witten permission to use Line 1.

Here's my "personal" thoughts on the issue.

Company tells you to bobtail home. You do so on Line 1. You have accident. You now have law suit. Because you were operating a company vehicle (with written permission) on your personal time.

You are personally responcible for your actions. In that truck...or your personal car. And we all know what the starting price of a commercial vehicle accident is.

If I log on duty or driving. It's easier (from a legal standpoint) to have the damages shared. And force my company to use me for their arguement....you scratch my back I'll scratch your. Rather than my/any company hanging my ### out to dry. Which is exactly what they will try to do anyway.

 

DOT does not distinguish between owner operator or company.

The federal DOT regulations are for Owner Operator & Company drivers.

Its up to the company by this officer if you can log it as personal time or not.



It still did not clarify any of my concerns. I guess it does help to ask if the driver is an owner operator. However I would like to see different officers/Federal office answer the questions just to see.

Like state what is their answer, know what I mean

 

I agree make sure you are not in violation of your 11 & 14 hour and log it as driving or on-duty one of the two. You can be on line 4 passed your 14th hour, however I still wonder with the REASONABLE amount of miles will be??

 

Had a question on logs I am in the Natl. Guard some of the guys that are in my unit also drive big trucks. We was debating HOS I replyed that we are to log our drill time as on duty not driving because we are getting paid is this not right? They are telling me that we dont have to cause it has nothing to do with transportation