Off duty status question

Discussion in 'Trucking Industry Regulations' started by gravdigr, Jul 12, 2011.

  1. gravdigr

    gravdigr Road Train Member

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    OK my trainer and I were having a discussion and even asked the company and are getting conflicting answers about off duty status. My trainer believes that off duty status means you are free to do whatever you want (within reason obviously) as long as your truck is parked. By this definition if you are parked at the truck stop on your 10 hour rest, reset, or off duty for whatever other reason, you are still off duty even if you are sitting in one of the front seats. We have also been told anytime you are in a front seat you are to log on duty even if the truck is parked. To me this does not make sense but then again I know a lot of laws that dont make sense.

    I bring this up because we both have laptops. When on a break we place our laptops on the steering wheel clipboard or glove box door depending on where we happen to be sitting. It is much easier to use a computer sitting down than laying in the bunk. Keep in mind we are PARKED with the brakes set and not going anywhere.

    Also I was wondering about sleeper berth time. If you have a curtain that goes across the cab windows, the sleeper and cab are all physically the same part of the truck. You are not required to be sleeping to log sleeper berth time. Who says where the sleeper ends? What if me and my girlfriend are both in the truck and I happen to be standing between the seats while she makes the bed, am I not longer in the sleeper? I know I am picking nits with some of this, with the curtain pulled who knows where I am standing. Just curious for curiousities sake.

    Also please no truckstop answers. Please back up your answer with a reg, would love to hear DB's opinion.

    I am not good with understanding the legaleze and usually need it explained. I tried reading the regs as written and the top of my head almost exploded.
     
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  3. lostNfound

    lostNfound Road Train Member

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    The FMCSA does not define off-duty, but they do explain what it is.

    They do define what on-duty and driving time are.

    They also give further explanation of how to determine off-duty time as well as outlining the fact that just because you might be paid, it does not necessarily mean you are on-duty.

    So, now that you've recovered from reading all that... :biggrin_2559:
    I would not live in fear of using the entire truck interior when stopped for a break and logging off-duty or sleeper berth.

    Only the narrowest and most anal of interpretations would look at it any other way.
     
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  4. American-Trucker

    American-Trucker Road Train Member

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    :biggrin_2558: if you are in the truck or at the truck stop, Log SLEEPER. If you are home, in a hotel room, or on hometime log OFF DUTY.


    Techicly you should do what was quoted above, but there is no reason to. DO NOT go back and forth from line 1 and 2 all night at a TS every time you go inside :biggrin_25513:




    American Trucker
     
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  5. double_r

    double_r Heavy Load Member

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    If you are inside the truckstop and someone hit your truck and the cops look at YOUR logbook, how would you explain that?

    Not to sound like a d%$k, but that is what our safety director said to a driver at a safety meeting when he brought that up.

    Safety use to love my logs when I ran a sleeper. Line one and two throughout my break:biggrin_2559: They said to log like you did it, so I did:biggrin_2559:
     
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  6. lostNfound

    lostNfound Road Train Member

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    Periods of time less than 15 minutes can be flagged.
    Therefore, you were in the truck stop less than 15 minutes and obviously haven't updated your log yet. Then tell them they can look at your log book after you go on duty, at which time you will update your log book.
     
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  7. double_r

    double_r Heavy Load Member

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    You can tell them what ever you want. I know how to log! Go re-read what I wrote.
     
  8. lostNfound

    lostNfound Road Train Member

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    Where is your confusion? I answered your question.
     
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  9. gravdigr

    gravdigr Road Train Member

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    Actually you change your duty status before you get out of the truck and flag it, filling in the time when you come back. So in fact you will not be current on your duty status. That's how I would interpret it.

    It's like saying I'm going to hop in my truck from on duty status and drive down the road 1/2 a mile and park, but if you do not flag from on duty not driving and note you were driving your duty status will not be current. You don't have to drop to line 3, but you do have to note before you start driving that you will be driving and fill in the time when you finish.

    EDIT: do you come from off duty to driving and not drop your line down to driving until you stop driving? It's the same thing.
     
  10. lostNfound

    lostNfound Road Train Member

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    Or, since the act of updating a log normally occurs as part of an on-duty status, I am not going to put myself on-duty just to log a piss break. I'll update my log when I go back on-duty.

    I look at it as similar to the "telephone exception."
     
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  11. American-Trucker

    American-Trucker Road Train Member

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    which driving school did you go to????????? Almost EVERYTHING you post about HOW to do something is WRONG very very wrong

    I would sugest you get some road exp before you start trying to tell exp drivers how to do their jobs....:biggrin_2558:




    American Trucker
     
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