Off duty question

The specifics are important. Since you left it open to interpretation as to what your violation was, your case tells us nothing.

 

As I said earlier, nobody argued. Discussed? Yes. There was no point in time where an argument broke out.

 

Chinatown: "Missouri has long been noted for truck enforcement biased against professional drivers."

x1Heavy: "I like pie."

 

Most officers I've met were not that way though, I have met one officer who you could actually have a discussion or disagree with and he wouldn't start looking for stupid #### to write you up for, now he did admit that was mostly because he hates paperwork.

 

That is why I usually make a blanket statement you are actually working at least 100 hours during a 7 day week doing all that off the books. You would be worrying mentally about that truck more than your SO, wife, etc. If you were awake and functional, you were onduty in some form. But if logged as such nothing will get delivered.

 

And it is really sad that people will not follow that time tested advice.

 

I don't like causing that to happen to anyone, but when it happens to a not so nice transport cop, I can't help but feel a little satisfaction.

 

@Scott72, Did you show any on duty time after driving? I was always told after you stop the truck at customer, you must show on duty time to either signing in or bring paperwork in to office. Also after load you must show on duty time to sign paperwork. If you are on dock counting load that is on duty. If you are waiting inside cab of truck or in building that is off duty. If inside of sleeper then in sleeper. I will try to link a post by the Indiana State Police that goes over this.

Edit: here is the Indiana State Police - Commercial Vehicle Enforcement Division


Also J.J.Kellers interpretation, it sure is confusing. Might want to start just logging sleeper.
How should "waiting" time be logged?
"Waiting" time at a terminal, plant, or port may be recorded as off duty, sleeper berth, or on duty/not driving, depending on the circumstances. For "waiting" time to be off duty, the following conditions must be met:

• The driver must be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
• During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

If circumstances allow a driver to use a valid sleeper berth without being disturbed for a specific period of waiting time, that time in the sleeper berth may be recorded as "sleeper berth" time. In most other circumstances, such as when the driver is required to remain with the vehicle to move it when necessary, the waiting time should be recorded as "on duty/not driving."

Very confusing. If I want to log off duty and sit on the picnic table and have my lunch, what is wrong with that? If I was a flat bed driver that had to be ready to move my truck for a crane operator or a forklift than yes on duty. But if I'm a reefer driver or dry van once the truck is in the door it doesn't move until its loaded or unloaded. I should be able to log off duty.

The second bullet in the above interpretation is the sticking point. I can walk my dog, eat, go to the bathroom, lift weights outside if I wanted to, so I'm free to pursue activities, but I cant really leave the premises.

Edit 2: Here is another article that links to the first https://cdllife.com/2017/duty-off-duty-loading-unloading-indiana-state-police-weighs/

 

Absolutely. I showed 23 mins on duty to check in/out and hit the dock. The inspector wanted every minute logged on duty. I then went to the bunk and took a nap, and he wanted that logged on duty as well. Whoever thought taking a nap was on duty?

 

Sleeper berth is sleeper berth. The cop was wrong. On duty can be argued, because of the phrase "attending a vehicle being loaded". To me, that means counting the boxes or pallets going on, not "resting in a commercial vehicle".

Up to the judge to make the final decision.