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Logging off duty when in sleeper. Yes or no?

Discussion in 'Trucking Industry Regulations' started by Aditransport, Dec 18, 2014.

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  1. Dec 22, 2014 #151
    scottied67

    scottied67 Road Train Member

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    A: Sleeper Berth time is a legal distinction from Off Duty time.
    B: The Record of Duty Status is a legal document.
    C: The Professional driver must maintain the RODS current to the last change of duty.

    You all learned this in swift trucking school. Didn't go to Swift? Maybe you should sign up....
     
    scottied67, Dec 22, 2014
    scottied67, Dec 22, 2014
    #151
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  3. Dec 22, 2014 #152
    FatDaddy

    FatDaddy Road Train Member

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    I feel like I'm listening to a discussion on the CB about Obama.
     
    FatDaddy, Dec 22, 2014
    FatDaddy, Dec 22, 2014
    #152
    ethos Thanks this.
  4. Dec 22, 2014 #153
    Johan

    Johan Light Load Member

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    There is only one way it can be interpreted. Lying. If you're going to do it, at least be man enough to call it what it is.
     
    Johan, Dec 22, 2014
    Johan, Dec 22, 2014
    #153
  5. Dec 22, 2014 #154
    Powder Joints

    Powder Joints Subjective Prognosticator

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    Back to my earlier statement: You have the right to remain silent, use it. You are not required to play question and answer or to incriminate yourself. Only give them the last 7 days.

    As for are we liars, Why yes we are each and everyone, anyone who says different has proven this point.

    There are many of us that have used off duty and or sleeper in place for one another, Legal probably not but neither is exceeding a speed limit.
     
    Powder Joints, Dec 22, 2014
    Powder Joints, Dec 22, 2014
    #154
    skateboardman Thanks this.
  7. Dec 22, 2014 #155
    Aditransport

    Aditransport Light Load Member

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    If you don't have anything intelligent to add, why don't you just go back to driving your Swift truck? And stay in the right lane for gods sake!!!!
     
    Aditransport, Dec 22, 2014
    Aditransport, Dec 22, 2014
    #155
    scottied67 Thanks this.
  8. Dec 22, 2014 #156
    Aditransport

    Aditransport Light Load Member

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    How am I reading too much into it? It clearly states "34 consecutive hours off duty". Plain and simple, cut and dry. If you are not in your home town, then where did you spend your time "off duty"? Are you going to tell the officer "it's none of your business sir!"? Good luck with that one. The regulations clearly also state that you must provide documents proving your duty status on your logs. i.e.. Bills of lading, fuel receipts, etc, etc. You must be able to prove your whereabouts for the last 7 days and current day if they require it.
    I'm just not understanding why if my day was over, I logged on duty 15 minutes for my post trip, wasn't under a load, didn't have another load lined up, and went off duty, am I required to log sleeper? My question was answered with a chickenspit interpretation of the regulations that some non truck driving moron made up and put in the books for some kiss ### cowboy wannabe DOT Nazi to use at his discretion to screw drivers over because his wife won't give him any and he has to take it out on us.
    The only example I can use to try and fight this is the 34 hour reset requirements. I'm not very happy having a 30 point hit on my CSA score for false logs for such a petty, chickenspit violation that shouldn't even have been questioned. I can see if I logging off duty and was driving or was on duty, but for all intensive purposes. Off duty and sleeper accomplish the same thing. It resets your 14 hours. I asked 3 Colorado DOT officers at the scale near my house, one of which was the officer that performed my new entrant exam, and they ALL told me that it's a chickenspit violation and that they never have and never will cite anyone for it. 10 hours sleeper or 10 hours off duty in their book is the same thing. No reason to make it more difficult for anyone to keep switching from sleeper to off duty every time you need to scratch your #####!!
    For those of you that keep posting "log it like you do it", how do you log your 34 hour reset? If you are not at home and not at a hotel and logging 34 hours off duty, then you are not logging it as you are doing it, so shut your mouth and keep your idiotic comments to yourself.
    This post was meant to get intelligent answers to a legitimate question. Now I can clearly see that there is no intelligent answer to this except for, don't answer any questions any differently than you have it logged. Every DOT is going to have a different interpretation of the rules and you are at their mercy. Plain and simple. There is no uniform enforcement. Which is sad, very sad.
     
    Aditransport, Dec 22, 2014
    Aditransport, Dec 22, 2014
    #156
    Cranky Yankee, ethos, driverdriver and 1 other person Thank this.
  9. Dec 22, 2014 #157
    skateboardman

    skateboardman Road Train Member

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    come on now, are not you the guy who was a swift lease op, paid his truck off and continued to run for swift at .90 and surcharge. and no I wouldn't sign up for swift, I would peck manure with the chickens first.
     
    skateboardman, Dec 22, 2014
    skateboardman, Dec 22, 2014
    #157
  10. Dec 22, 2014 #158
    skateboardman

    skateboardman Road Train Member

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    hey come on now, I am on your side here. what I mean is the dot guy here gave the answer, he also said answer questions like ya logged it. ya learned a good lesson I do think.

    what I mean by overthinking is this, don't get confused with receipts and all that jazz. if ya log it off duty , don't tell the man otherwise. if ya have to tell ya slept with the fat girl next to ya driving the cr England truck. that would be fine cause it wasn't your sleeper berth.

    and you are dead on , about being at their mercy and it is sad.
     
    skateboardman, Dec 22, 2014
    skateboardman, Dec 22, 2014
    #158
  11. Dec 22, 2014 #159
    Aditransport

    Aditransport Light Load Member

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    May 19, 2012
    Colorado Springs, CO
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    Didn't mean to sound like I was bashing you in any way. Just frustrating when you get smart ### comments on a legitimate question from idiots who only repeat what they "heard" instead of knowing first hand.
     
    Aditransport, Dec 22, 2014
    Aditransport, Dec 22, 2014
    #159
  12. Dec 22, 2014 #160
    not4hire

    not4hire Road Train Member

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    Actually, "none of your business", or words to that effect is exactly what I tell them. Because, in fact, it is truly NONE of their business. Having said that, the percentage of LEOs that I have encountered that make more than a cursory inquiry is very small. Any questions, refer them to the log. Period.

    I have not been able to find anywhere in the regulations where it says the driver must produce ancillary documents such as receipts for food, lodging, etc. There is the following for carriers:
    Again, nowhere in 395.8 does it state the driver is to produce copies of receipts, nor does it say anywhere that a driver must "prove" their whereabouts. It does say that the driver must accurately complete their Daily Record of Duty Status and that they must retain the prior seven days plus today.

    Agreed... there is a lot of CS.

    As for how I log a reset? All off-duty regardless of where I slept. Does that make me a "liar?" You bet it does... and I couldn't care less! I generally log pretty close to how I do it, but I'm not going to get caught up in minute details> I get appropriate rest before I drive. Sometimes that even means I take more than 10 hours off!

    Where I sleep, or with whom, is none of their business providing I am rested and continue to operate my truck in a legal and safe manner. YMMV
     
    not4hire, Dec 22, 2014
    not4hire, Dec 22, 2014
    #160
    tsavory, skateboardman and driverdriver Thank this.
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