OFF Duty Driving

Ditto. If he is unladen, under no dispatch or load booking, he is not involved in interstate commerce and is not subject to the HOS requirements at that time. Just cannot understand how this is so difficult to understand. It is no different than if I am a farmer and driving my 1 ton dually. If I am yanking a tailer hauling livestock or farm products, depending on the state (Iowa is one that plays the CDL game with farmers and horse folks), I am required to meet the CDL requirements because I am involved in commercial activity and my GCVW is above 10,000 lb. If I have a RV hooked up to the very same pickup and heading out for a long weekend with the family, I am not required to have a CDL even though the GCVW is nearly the same. This is the same principle. One is a commercial activity, the other is not.

 

Just like when I bought my truck and trailer. I needed the cdl insurance temp tags that is all calling each state. As long as I was not pulling a load or dispatched to get a load they all said I did not even need the logbook. But that was In Ky and Oh
How true it was or not but called each states DOT so I grabbed it and went.

 

Needing a CDL and needing to comply with HOS are not really the same. A CDL has to do with weight, and HOS has to do with crossing state lines while engaging in commerce. There are exemptions for who needs a CDL and there are also exemptions for who needs to comply with HOS, who needs to run a log, and so on.

 

I've often wondered about this. We haul frac sand to oilfield locations. Sometimes over a hundred miles from the home terminal. We leave the terminal in the morning, drive to wherever we are loading, then drive (loaded) to the location, unload, then return home empty, not under dispatch. Can we log that as PC?

 

But, while a commercial interstate use does require compliance with HOS logging regulations, or in the case of 100 air mile operating radius or less does not, just driving the truck for your own personal conveyance does not require it be logged. Hence, the personal conveyance idea and off duty driving. It is darn hard to make the case that going to the store, going to a friends house, going to a casino on your off time, or going home, all of these without a load or heading to get a load, is commercial interstate activity, even if it involves crossing state lines.

 

in all honestly that quote was an interpretation of the law, the law does not stipulate any distance (according to the green book)

 

You understand that PC is not found in "the law?" The Law does not stipulate PC.

PC is only found in the interpretations to 395.8, question 26. It in itself is only an interpretation. And it has limitations and restrictions.

 

People are making an argument here that as soon as a CMV is empty, and you are heading "home," it becomes "just like a motor home", and not subject to HOS. Scalemaster is reminding us that there is not a broad and forgiving section of the law pertaining to personal use of a CMV, but a rather narrow allowance in interpretation. Big difference.

 

Where is anyone seeing a law in that green book? Last I checked it was rules and regulations.
Not a criminal by breaking them.

 

They are rules promulgated by the FMCSA.

They become part of law when your state incprporates them, such as the Indiana Code: