Off duty in a daycab.......

our divisional safety director

Where do these fools come from?

 

[QUOTE=Powell-Peralta;1403983]1) Let's just say theoretically if i wanted to do the following but haven't officially done it, but may consider it if it checks out legally, but as of right now i officially stay outside of the cab to log off duty, is i might want to take a nap in the cab sometimes; i am physically NOT touching the drivers seat when the theoretically napping is taking place, HOWEVER, i may want to do the "human opti-idle procedure" because sometimes it might get too hot. i can technically turn the key on and off without physically coming into contact with the drivers seat.

You meet the operating the vehicle by starting it. They don't seem to care anymore if your cooking.

See, the real reason for my asking the question is the turning of the key business; i could log off duty no problems because it really can't be proven that i slept in the cab vs. outside the cab. However, the qualcomn MAY (or may not, i don't know for sure) be recording the keying on and keying off. And i need a way to explain that even though the chances of me being questioned about it are way remote.

This is why i asked wether any part of the body could be in the cab while still being logged as off duty----- my arm must technically go inside the cab to turn the engine on/off.


Its not the act of entering, its the action of starting the engine and or turning it off.

2) Here's the other thing related to that: Let's say it's a sunday afternoon and you happen to go to a truck junkyard and decide you want to sit inside say a B-model mack cab or something-----you know because you would dig that or it brings back memories or something etc. Now, this cab is no longer legally registered/tagged and it's on private property and it's a sunday afternoon and you're off duty. Are the regs saying that anytime you're inside this cab, you're on duty? What if you own a 1-ton pickup and drive that to and from work everyday? Are you still on duty? Why can you sit in a compact car all day and be off duty?

a) What if, on a whim, you decide you want to hitchhike across country and a trucker picks you up and so while you are sitting in the passenger seat, you have to log this on duty just because you have a CDL?

b) let's say everything is the same as #1 except that you go over to a friends house, who also happens to be an O/O. You decide you want to get in the truck just because. So anytime you're in the cab, you've got log this as on duty? It's still sunday.
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While trolling in the junkyard you do not have responsibility for the junkyard's vehicles. You are off duty while driving your own pick up 1 ton or not, as long as you are not conducting company business. Same is true sitting in a car , as long as you are not conducting company business, and are relieved of responsibility of the company truck then you could claim off duty.

Your hitch hiking your not responsible for the truck nor are you employed by the company giving you a ride. Same is true for your O/O situation.

I realize all this is hypothetical, If you file your log book out before you move your truck, you can claim almost anything. The CHP at Banning asking for Motel receipts, well I really don't know what they do when you tell them no. I either had receipt or an address I could give at which point they would leave it alone. Upon going thru the new log laws today I could not find anything requiring proof of where I spent my time off duty. Although I would have the info ready in case they ask. IMHO]

I forwarded this thread to Log's r us just for the fun to see what they would say.

 

What Is Off-Duty Time? In order for time to be considered off duty, you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing and be able to leave the place where your vehicle is parked.

Sounds like if the driver wants to be in the day cab, they can be in the day cab off duty.

 

This thread sounds more like someone trying to justify themselves than a request for information. Log it however you want, it's your signature on the line. If you get busted, quoting what your safety director or some anonymous poster in the internet said isn't going to impress the officer.

 

I copy/pasted from the PDF website. I tried to change the size but for some odd reason it keep going back to original. I even used the editors mode and tried to clean up the BBC.

 

Question 25: When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)?

Guidance: Delays on impassable highways must be recorded as driving time because §395.2 defines “driving time” as all time spent at the driving controls of a CMV in operation.

 

As roadmedic has repeatedly posted "on-duty", by definition must include:
All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth

An "off-duty card" is issued for a specific purpose - meal and other routine stops made during a tour of duty. A motor carrier does not have the authority to issue instructions to drivers that contradict the regulations.

 

The only exemption would be the "Oilfield exemption"........it states the time spent on location(At the well) waiting to be called to do your job shall not count against your 11 or 14 hour limit.

Everything else duty wise for every other truckdriver counts against your 11 or 14.......as long as it's NOT in the sleeper berth.

Daycabs.....if you cross state lines.....it's on 11 or 14 unless you're laid over and taking your break outside the truck.

If you're local...within 100 or so air miles from home terminal(within your home state)...it's different according to your state rules.....check to see what applies in your state.

 

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