Logging on duty while waiting for a load?

So why are you staying with this company?

 

I don't care what they're telling you, that ain't OTR. My advice, take it or leave it, is to start looking for another job and do exactly what your coworker is doing in the mean time. Communicate with your management in writing as much as possible, and save those records and any others you may have. If they fire you before you find something else, file for unemployment and supply the agency with all your records if the company tries to argue that you were let go with cause.

 

Big companies can take months to fire drivers for misbehavior. The answer to what is On-Duty, or other HOS categories, is in the FMCSA Regulations, not some tribal knowledge from accumulated HOS-hacks and tricks, etc. Nobody is going to give you money if you are fired for following their theory of the HOS or how the 4 duty-statuses are to be used. It sounds to me like the "always On-Duty guy is setting himself up for winning a lawsuit or using CA employment law to get money for doing as little as possible. Just do you job as the boss wants it and the the cops allow it. You can always "be cute" with the rules later, after you have more experience. Bank robbery pays more than working minimum-wage jobs, on the day of the robbery. That doesn't mean robbing banks is a viable career. Mr. On-Duty is only telling you one side of the story.

 

FMCSR 395.2

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All driving time as defined in the term driving time;

(4) All time in or on a commercial motor vehicle, other than:

(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;

(ii) Time spent resting in a sleeper berth; or

(iii) Up to 3 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 7 consecutive hours in the sleeper berth;

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;

(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and

(9) Performing any compensated work for a person who is not a motor carrier.

 

Much better! You’re entitled to a thirty minute Kentuckian break after 4 hours!