Off duty Driving on paper logs

I completely agree RickG (not that that means anything anyway--LOL)...and before anybody misinterprets the highlighted sentence...I'm sure RG is referring to being bobtail or with an empty trailer...here is the Guidance and the link to the guidance:

I also highlighted a key sentence in the guidance...one that gets some feedback from those that don't like the interpretation usually!

 

I have some states you should try to explain that to.

Indiana is one of them.

You know we have no load and are empty and heading home and they want logs.

 

So show them logs..... all off duty with a "personal conveyance" comment in there. I have been stopped a couple of times while using personal conveyance and had no issues with LE. Sure, a Barney could try and make it a hard time, but as long as you have your ducks in a row, it will not hold up in a contest later.

 

They wrote up one of our drivers driving between two towns with the logs that way, as false logs. Indiana DOT officer and it held in court.

She lived in one town and was driving in the town where we have an office and not under dispatch.

I should point out that she was "bobtail", since our trucks are used to transport trailers for hire.

 

Did she have an attorney ? That probably would have made a difference . The real problem is when drivers needlessly get put OOS .

 

She is no longer with the company. Knowing her, she had an attorney.

She was really ticked about it. Was not the first time he had stopped her and done this.

 

395.8 Interpretations question 26 (where the "personal conveyance" is derived:
"When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time."
You notice that there are only 2 situations that Off-duty driving or personal conveyance is permitted:
1 - commuting back and forth from terminal to home as part of a "normal" commute (normal work reporting location)
2 - short travel from en route lodgings

If the travel does not meet those two situations, it is not off-duty. Just being bobtail does not mean you are off-duty.

 

That is why I really wonder about this. Some of these guys say they can drive the entire country or 200 miles and not log.

Hardly meets the examples of the others on here.

 

Well there must be a very high number of DOT officers that don't care to know the law or have totally different interpretations. I frequently will unload then go off duty and drive home since I will be taking a 3-4 day period off. I have been stoped and since I am unladen they say have a nice day. Have yet to get any kind of ticket.

 

I have the same thoughts on other issues.

Many of the people that haul the RV's do not run signs. When no signs, usually no log book or not current. I have seen drivers log the entire trip in the office before turning in paper work.

One guy I had seen for 5 years pulling trailers, did not even know he was with our company until I saw in the yard. Our insurance is not valid when the signs are off and hauling. It is classified as illegal hauling.

I can see them, and I have seen DOT just drive right by them and nothing done. Think of the revenue they can generate.

Scalemaster does not get a chance at them, because they do not run signs or enter scales.