On Duty, Not Driving

Sublime: I have never seen it stated anywhere that a driver can be sitting in the driver's seat while waiting to be loaded or unloaded and log it as off-duty. My self and I'm sure, "Scalemaster," spend a lot of time reading FMCSR interpretations. If you know of an interpretation that states this, please publish it and I will be more than happy to change my enforcement practices. I'm not saying you are wrong but if you can't show me, then I'll have to go with what I have:

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(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;

Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time?

Guidance:Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:

1. The driver is 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.

2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

 

I guess it begs the question... how many times are their scale masters at loading / unloading facilities checking to see if a driver is in the seat or in the sleeper? And what difference does it make? I can be checking my email, watching a movie on my laptop, or reading just as well in both locations. And I have nothing to do with the truck or the load, I am just using it for a place to relax and do the above. And if I want, I can get out and take a short walk around. So I am by all measures, off duty.

 

It doesn't say you cannot be sitting in the driver's seat.

"Through the revision of the regulatory
guidance, FMCSA makes clear that the
motor carrier need not provide formal
guidance, either verbal or written, to
drivers with regard to the specific times
and locations where rest break may be
taken. The revised guidance also
emphasizes that periods of time during
which the driver is free to stop working,
and engage in activities of his/her
choosing, may be recorded as off-duty
time, irrespective of whether the driver
has the means or opportunity to leave a
particular facility or location. All
previously issued guidance on this
matter should be disregarded if
inconsistent with today’s notice. "

https://www.gpo.gov/fdsys/pkg/FR-2013-07-12/pdf/2013-16687.pdf

https://www.fmcsa.dot.gov/regulations/rulemaking/2013-16687

 

Sublime: Thanks for including the links.
I have no problem with drivers logging off duty while sitting in their trucks. I see drivers taking their 30 minute breaks every day while sitting in their trucks. That's perfectly legit.

The links you provided do not discuss loading and unloading time. Loading and unloading is a specific activity that FMC has defined as on-duty. And as I've previously state, I don't quibble on how long a person logs, as long as he logs some on-duty time. I wasn't there so I don't know how long you spent performing job duties and I really don't care. If you log some / any, I'm good with it.

But none of the things you cited deal with a specified activity such as loading and unloading that has been pre-defined as on-duty. For instance, if I was conducting a vehicle inspection and the driver was eating a sandwich during the inspection and I noticed he logged off-duty during the inspection. Undergoing an inspection is a defined activity - defined specifically as on-duty by the feds. Same with driving. You can't log off-duty while in control of a moving vehicle. I see no other way to log sitting in your cab while being loaded or unloaded other than on-duty. If you choose to climb in the sleeper, log sleeper.

And again, I'm the last officer that's going to quibble over how much on-duty time you've logged at a shipper. And that's really all I've got. I'm bowing out of this one. But thanks for the discussion.

 

You can quibble all you want but the OP said he was NOT loading or unloading. If he is NOT loading or unloading he can sit in the driver's seat, eat his sandwich, while on the property, unable to leave and still log that OFF-duty. Legally. That was the question asked, and that was the question answered.

Your definition is incorrect. Sitting at the controls does NOT always equal driving. Period. My steering wheel is my desk when I'm not actually driving and sitting there reading a book does NOT equate to operating a vehicle. If you are writing citations for such you are OUT OF LINE.

 

Like the guidance says....
The driver is not unloading or loading though. Sure the van is getting loaded/unloaded, but the driver is meting the guidance (released from work, etc...) which is the whole point of the guidance. To say the driver can be off-duty when the van is loaded/unloaded.

 

Here's what my company provides...

IMG_0345[1] by Peelsession posted Dec 8, 2016 at 8:47 PM

 

Don't some of you have other things to worry about than trying to strain at trying proclaim when a driver is on duty or not? Such a minor deal for so many to get all worked up over. We have had LEO chime in and said that he doesn't lose any sleep over all the details. In well over 3 decades at this game, I have never seen a audit or a roadside check that wanted to quibble over some idea that I showed some off duty time at a shipper/receiver. At worse, maybe how much time was shown for a pre or post trip. Some of y'all need to get a life.

I have one of those letters in my stack of goodies also. If I was under my own authority, I would make the determination, since I am the company!

 

You are correct, I stand corrected.

I quoted verbage from the link provided by another post.

The Feds actually CHANGED the wording of the interpretation in 395.2 question 2:
Question 2:What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time?

Guidancerivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:
1. The driver is 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.
2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

What they removed was the wording about leaving the premesis. No longer a requirement.

The driver must still be "at liberty to pursue activities of his own choosing" to call it off-duty.

loading, tarping, tying down, signing paperwork, all are still WORK and not off-duty.

 

Playing cards with other drivers inside because receiver doesn't allow drivers on dock or in their truck ok for line 1?