Off Duty Letter for Swift - anyone have a copy?

That's wicked sassy for you Big D.
Doing alright?

 

OK so is on duty andis off duty. Even I can figure this one out+ = TB John

 

Did a quick search and couldn't find it as they have been updating the online versions of the regulations and guidances, without showing the amendments and/or deletions, but...

There used to be a guidance saying in order for a driver to log off-duty, they had to have permission from the carrier in the form of a letter (being released from responsibility, blah, blah, blah), but the driver didn't have to actually have the letter in their possession, nor did the carrier need to keep it on file. I know, government logic.

As was suggested in an earlier post, they probably did away with that guidance shortly after the mandatory 30-minute rest because if the carrier didn't grant permission then technically the driver couldn't take the 30-minute rest.

 

It's actually a guidance under §395.8, not a regulation.

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?

Guidance:

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. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.

https://www.fmcsa.dot.gov/regulations/title49/section/395.8​

 

'soK close the lid...

 

That letter is not a dot regulation... and like the other said we don't need this industry brought down to the level of companies like Swift

 

You need to have someone with minimum smarts read my post to you. You obviously have zero reading comprehension skills.

Nowhere in my comment or anyone else's, other than the other less than 15 watt smart guy like you, did I even imply it was a DOT regulation or an attempt by Swift or anyone else to change any regulation.

I doubt any of you will understand the fact that the letter is nothing more than a clarification from FMCSA about when a driver can log off duty in the time between start and end of the driver's day. At the time, 2009, the wording in the regs was ambiguous.

Again, the letter was written in 2009.

It had nothing to do with the current 30 minute mandate; that didn't exist in 2009.

It had nothing to do with changing any regulation.

The clarification of when a driver could log off duty came from the FMCSA .

Frank

 

Ohhhhhkay....whatever...

 

Do you not drive for Schneider? Considering the level of nonsense they put you through, you'd probably appreciate the way Swift would treat you.

 

I don't drive for sni...I'm an ic... besides I'm leaving in a few weeks and I'm absolutely done with mega carriers going to a 100% owner operator company