Off Duty Driving
Discussion in 'Trucking Industry Regulations' started by LMB, Oct 18, 2015.
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When you're parked on a highway for 4 hours because of an accident do you log it as driving? Nope...take a joke lol -
While JJ Keller states enroute lodging, that is extremely limiting of the actual wording in the FMCSA interpretation. FMCSA includes restaurants in their interpretation. It is reasonable to assume one could bobtail off duty to a nearby truck stop and get a shower and a meal then return, all part of off duty driving. And FMCSA is quite clear that this off duty driving can be included as part of meeting the 10 hr rest rule.
Just like with most things like this, for every two people, you will get three interpretations of what it all means. Just be well read in the FMCSA interpretation so that you actually know what you are talking about and not fishing for explanations of what you are doing if the need to explain yourself comes up. I have been stopped and checked a couple of time while doing off duty driving. I have yet to receive a citation for it. I use E-logs, and have had logs audited at random by DOT. Not a single concern. Just be doing it well within the interpretation, be knowledgeable and know what you are talking about, don't act like an idiot. Use it as an opportunity to inform the LEO of the allowance for this. This is how I approached it. Not playing some "I know and you don't" kind of arrogant mindset. Politely use it as a teaching moment and come into the discussion with the LEO from a position that he is just uninformed, not that he is an idiot. -
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Right, That is why I said to a truck stop and then return. I wanted to make sure I put that in the post or some could construe that bobtailing to a truck stop as part of a movement to go get a load would be ok.
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Either way, I don't have to milk my 70 anymore I only work 4 days a week haha -
The only thing that causes my e-logs to "automatically" switch to On Duty is if I am still on driving, come to a stop, and then shut the motor off. So I make sure I select Off Duty before turning the key off. Even in the rare times I forget, I just go in and edit any On Duty back to Off Duty. I have selected On Duty for a Post Trip at the end of the day, and forgotten to switch back to Off Duty. Just getting old. When I realize it, I just go in and split it up, show the proper time for the Post Trip and put the rest of the time as Off Duty or Sleeper. I do not need to call anyone to do any of this editing. Even the new proposed rule regarding mandatory Elogs allows all of this. Only carriers that don't allow it are restricting anything. The FMCSA isn't.
CJndaTruck Thanks this. -
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The direction does make me wonder... I also had cause to sit for a couple hours a few times this summer on I-75 in that construction south of Toledo while idiot drivers kept wrecking because they could not read the construction signs. I just set the brake, turned the truck off and let the e-logs auto switch me to on-duty.
Should I have kept switching it back to driving as I was on the expressway technically? I can see on-duty at the very best, as even though the truck was off and I was literally standing in the middle of the expressway talking to other motorist, I still was 'in readiness to operate the vehicle' or whatever the regs wording is. i.e. I could not walk to the next exit and grab a McDonalds.
-Steven
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