Off duty question

I didn't see the issue that is really important, having someone mess with your logs.

I wouldn't hesitate to tell the "trainer" next time he messed with my logs, I would break his fingers.

it is justified because those logs are yours and only yours to change.

 

To the OP good for you asking questions and making sue you understand the regs. No cop or DOT is going to let you out of a violation simply because your company or trainer said you could do something. The regulations are in print, paper and electronically. You're expected to read and understand them. While some of them are difficult or complicated, HOS isn't that complicated. Use your "been away a long time" condition as an excuse and when people try to talk you into "creative" interpretations ask them to show you where it says what they claim or open up the regs and say "but this paragraph sounds like it means something different.

This industry too easily slips into a functionally illiterate mode too often. Drivers with 20 years experience, and decades to read the regs, usually answer "my first company said do X" or my first trainer did it this way" when you ask them a question about the regs. Violating the regs just like your first company or trainer said they violate the regs is not a security blanket.

 

If you can't leave your not free to do anything you want to do. That how you know you On-Duty. Your their as part of you job. You are required to be their and Attending a Commercial Vehicle that is being loaded or unloaded. That's On-Duty time

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

 

There is nothing in the regs that state one has to be able to leave to be off duty.
Even the reg you quoted doesn't state that.

The closest is the readiness clause. Even then, if I'm at a gated warehouse and go get lunch in their cafeteria and not expecting to be back to the truck for an hour, I'm not even then in readyness.

 

How are you not Attending a commercial vehicle for load or unloading ? That's the only reason you are their. It also the only reason the truck and trailer are their, and you can't leave until its loaded or unloaded. Attending a commercial vehicle for loading or unloading is On-Duty time in the regs.

 

I once asked a Georgia State Trooper how many MPH over does he have to give before they write a ticket. ((take note I said State Trooper)) He said NONE, They can write for 1 over. I also asked that same Trooper about that radar on a hill rule. He said it don't apply to Troopers. My point? No Trooper is going to state for the record they will NOT ticket for a few over EVEN THOUGH most do. This is the same with that on duty while being loaded and unloaded. I have stated this time and time again and will do so again! DO NOT make comments about your logs to enforcement officers. POLITELY and with tact tell them they have the information and CLOSE YOUR PIEHOLE! I can't tell you how frustrating it is to fix footinmouth syndrome after the fact! You are not bound by any Law or Rule to open your piehole. When stopped give the officer the documents they ask for AND ONLY THOSE DOCUMENTS! If asked what were you doing at 4PM refer the cop to the log. This is all I am going to comment on this subject!

 

So time at a truckstop is on duty? After all you would not be there if not for the truck and trailer. I'm also not allowed by company policy to drop the trailer at a truckstop so since I have to stay in attendance there in must be on duty?

To answer the question, I'm not attending the truck. I'm off elsewhere getting lunch. (Or whatever)

 

If your in the sleeper taking a nap while the lumpers do their thing, or you pull the brakes, lock the doors and take a walk to stretch your legs while the lumpers do their thing. How could that possibly be on duty ? I don't know because I've never dealt w/ELDs, so I'm looking for a real answer.

 

Just the fact that not many drivers can interpret the law,tells me the laws aren't very well thought out.All they're doing is confusing Drivers and If the cops are the only ones that can interpret them,it has the making of a money grab.

 

I just try to show a minimum of 30 minutes per day On Duty Not Driving. 15 minute pretrip, 10 minute fuel and 5 minute post trip.