Off Duty Driving

Discussion in 'Trucking Industry Regulations' started by LMB, Oct 18, 2015.

  1. not4hire

    not4hire Road Train Member

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    Thanks. BTW, this post should be a sticky.
     
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  3. CasanovaCruiser

    CasanovaCruiser Road Train Member

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    That's impressive seeing as how elogs were the standard before I even got into the industry.
    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
     
  4. Cowpie1

    Cowpie1 Road Train Member

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    Well, it does say terminal or "normal work location". For me, that would be where I "normally" drop the trailer to go home, which is usually the town nearest me, which is about 13 miles away. No "terminal".

    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.
     
  5. Scalemaster

    Scalemaster Heavy Load Member

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    10-4, "normal work reporting location" may not be a terminal, it may be where you park the trailer, as you said. The main point is that it is the place where you commute to and from home each day.

    The wording from the interpretation is: "short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings". What you have mentioned might well fall within the rule. However, things like deadheading from the last drop to the next truck stop on the way to the next load is absolutely NOT allowed as off-duty driving.
     
  6. Cowpie1

    Cowpie1 Road Train Member

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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.
     
  7. CJndaTruck

    CJndaTruck Road Train Member

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    Actually I do. I have no reason to lie tho. I realize companies force thier drivers to lie. It's a shame that you all are to yellow bellied to log crap legit.
     
  8. CasanovaCruiser

    CasanovaCruiser Road Train Member

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    Impressive. The elogs I caused automatically switch to on-duty after so much time of sitting. Must be a chore for you to call safety and make sure they switch that time back to line 3. Or maybe you're on paper logs, in which case I applaud your integrity.
    Either way, I don't have to milk my 70 anymore I only work 4 days a week haha
     
  9. Cowpie1

    Cowpie1 Road Train Member

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    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.
  10. CJndaTruck

    CJndaTruck Road Train Member

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    No need to call anyone. I have a finger, I can tap a screen. And as I have never had mine switch me to on duty unless I started driving or stopped driving. Considering in most cases I really was still on duty it wasn't a big deal.
     
  11. ZVar

    ZVar Road Train Member

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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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