My experience running 100% legal, if anyone cares.

Discussion in 'Experienced Truckers' Advice' started by truckerdave1970, Sep 10, 2009.

  1. jtrnr1951

    jtrnr1951 Road Train Member

    Well. at least you are at the BEST truck stop in miami, and the only one. 5 miles up 27 is tons of parking, and decent food. Sorry to hear about your weekend.........
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. tinytim

    tinytim Road Train Member

    5,143
    18,288
    Oct 29, 2007
    Northern Ontario
    0
    Well, let me tell you about my experience running completely 100% legal.
















    Good story eh?

    I run about 99% legal actually but come on, who is 100% compliant to the letter of the HOS? Stuck at a dock for a few hours, who puts it on line 4? 15 minutes here and there, everyone does that too.
     
  4. Winchester Magnum

    Winchester Magnum Road Train Member

    1,492
    1,647
    Jan 4, 2009
    Alaska highway
    0
    Dave, where are you sitting? Golds TS or the Seminole? I take it you have to pay outta pocket yourself? If you're in the Seminole, leave early in the morning before the gate guard money collector dude gets in.

    There's a million places to park in Miami. You dont need a TS.
     
  5. truckerdave1970

    truckerdave1970 On Probation

    2,987
    3,289
    Dec 15, 2008
    Rochester, NY
    0
    To be honest, I'm not sure which truck stop I'm at. some dump in Hialeah Gardens? next to a Wal-Mart. This sux!
     
  6. Winchester Magnum

    Winchester Magnum Road Train Member

    1,492
    1,647
    Jan 4, 2009
    Alaska highway
    0
    You're at the Golds TS. Dump.

    Buy hey since you're trying to be all legal here, just think of that 34 and a fresh 70 you're gettin. ..(grin)
     
  7. Paddington

    Paddington Medium Load Member

    454
    319
    Jul 5, 2009
    Cleveland, Ohio
    0
    This is incorrect.
    You cannot log line 1 at a dock unless the shipper/receiver signs a waiver releasing you from duty.
    This is for legal reasons on both theirs and your part.
    For example: let's say you slip and fall outside the warehouse or you're inside and a towmoter runs over your foot and you need to go to the hospital.
    You will have some explaining to do if your logbook shows you are on line 1.
    As will the shipper/receiver with the state worker's comp bureau and their insurance company.
    So you can only log line 2 or line 4 at a dock.
    However, in order to log line 2 you must be in the sleeper berth and not performing any duty for the motor carrier (ex: filling out paperwork)
    You cannot be in the driver's seat.
    You cannot be outside your truck.
    You cannot be on the dock.

    Now you say, "Well, I don't give a #### I'm logging it line 2 no matter what."
    Fair enough.
    But let's say you're involved in a wreck that isn't your fault.
    Now the opposing attorneys will see you were on line 2 at the shipper.
    They will go to the shipper and check the shipper's check-in logs
    And they will interview people in the warehouse.
    "Oh yeah, I remember that guy...he was on the dock telling jokes".
    Now your goose is cooked.
    Because...depending on the time of the wreck, they will argue that you were over hours and should have been shutdown in a truckstop.
    Now you face civil penalties.
    Not to mention DOT fines plus possibly loss of your CDL.

    It simply amazes me the legal risks drivers are willing to take so they can run a few extra miles.
     
    Last edited: Sep 12, 2009
    Gearjammin' Penguin Thanks this.
  8. wsyrob

    wsyrob Trucker Forum STAFF Staff Member

    5,769
    5,463
    Sep 14, 2007
    Winston Salem
    0
    That's why I pull my curtains. They also have security cameras. the only thing I get out of the truck for is bathroom breaks under 8 minutes so no need to change log status. I log line 2 sleeper berth when my curtains are pulled. Nothing in the rules says you have to actually sleep to log line 2.

    Lots of plants make you sit in a break room while they load you. I always stay on line 4 for those. If they make me do anything its line 4 as well.
     
  9. Paddington

    Paddington Medium Load Member

    454
    319
    Jul 5, 2009
    Cleveland, Ohio
    0
    That's 100% correct.
    You don't have to be sleeping to log line 2.
    You can be watching TV, reading, relaxing, playing video games, etc...
    However, you MUST be physically in the sleeper.
    And you cannot be performing any work (example: paperwork, logbooks, etc).
    Good idea to draw the sleeper curtains.
    #1 rule in this biz is COVER YOUR 6.
    Which...judging by alot of posts in this thread...alot of truckers don't understand.
     
    Gearjammin' Penguin Thanks this.
  10. TheRumRunner

    TheRumRunner Light Load Member

    223
    49
    Sep 6, 2009
    Louisville, KY
    0
    HOS FAQ:

    http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp


    §395.1 Scope of rules in this part.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?section=395.1


    (g) Sleeper berths. (1) Property-carrying commercial motor vehicle.' (i) In General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter,
    (g)(1)(i)(A) Must, before driving, accumulate
    (1) At least 10 consecutive hours off duty;
    (2) At least 10 consecutive hours of sleeper-berth time;
    (3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or
    (4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section;
    (g)(1)(i)(B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and
    (g)(1)(i)(C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)-(4) of this section; and
    (g)(1)(i)(D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours.
    (g)(1)(ii) Specific requirements.' The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:
    (g)(1)(ii)(A) The term "equivalent of at least 10 consecutive hours off duty" means a period of
    (1) At least 8 but less than 10 consecutive hours in a sleeper berth, and
    (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.
    (g)(1)(ii)(B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section.
    (g)(1)(ii)(C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.
     
  11. TheRumRunner

    TheRumRunner Light Load Member

    223
    49
    Sep 6, 2009
    Louisville, KY
    0
    B-6. How would "waiting time" at a terminal, plant, or port be logged?

    "Waiting time" at a terminal, plant, or port may be recorded as off-duty, sleeper berth, or on duty/not driving, depending on specific circumstances.
    For "waiting time" to be off-duty, the following off-duty conditions must be met:

    1. The driver must be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
    2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
    If circumstances permit a driver to utilize a valid sleeper berth without being disturbed for a specific period of "waiting time," that time in the sleeper berth may be recorded as "sleeper berth" time. However, a driver must take eight consecutive hours in a sleeper berth, plus another two consecutive hours off duty or in a sleeper berth, in order to meet the requirement for the equivalent of 10 consecutive hours off duty. In most other circumstances, such as when the driver is required to remain with the vehicle to move it when necessary, the "waiting time" should be recorded as "on duty/not driving."
    These provisions should not be confused with waiting time of drivers of vehicles that are specially constructed to service oil wells.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.