On Duty, Not Driving

As has been said already in this thread, when I look a log book over, I do not make much of it unless I see NO on-duty time at all, or just the token daily 15 minutes for pre-trips. Even then, it is not a big deal, just a verbal mention to the driver, or at MOST a warning for NEVER showing on-duty time.

If we wanted to make a big deal out of it we would hit you with an out of service for a false log - hiding hours.

Detention time is something that still needs to be addressed by the Feds and industry. I used to drive, I know what a pickle you get in with that.

 

Ultimate irony...

One of my drivers came in with "just a warning" yesterday for this very thing.

Cited under 395.8E False report of driver's record of duty status, logging 30 at load facilities.

Driver took a legit break after getting unloaded. Logged the unloading as on-duty.

 

It is true, anyone with a gun and a badge can cite for anything they want. Whether it has legs is a separate issue. I always show on duty when I arrive and check in. And putting trailer at dock. All else is off duty, as I have no responsibility at that point. Frequently I get in night before and pop my 10 hrs at the customer location then load or unload in morn. I will do that for current load. Just because I am at a geographic location does not determine duty status.

 

OK, driver loaded (on-duty) - then went off-duty for his 30 min break. Right?

I fail to see the problem there. He can be off-duty 30 min anywhere he wishes.

DataQ

 

So simple anyone but a trucker can figure it out. Or some LEO's even.

 

That's what happened.

Warming up my fingers for the DataQ.

 

@Sublime, did you ever get a response from DataQ, or is it still too early?

 

Had a WI DOT officer in Janesville, WI weigh station try to write me up for falsifying logs and putting me OOS for taking my 30 minute break at a shipper.

Even another officer at that office was looking at him like "Wait, are you being serious?". Refused to leave the office even after he said I'm OOS and gave me my inspection report and told me to go take my 10 hours in my truck. Demanded a higher-up, sarge came in and took me to the side and said, "explain and show me your logs". Showed him, explained then he nodded and went back and told the officer to remove the violation, negate the OOS and reprint a new inspection report with no violations. His face was red and fuming as he was doing so. Threw the inspection report at me and told me to leave. Unprofessional jerk.

 

Because the regulations say so. See, 49 CFR 395.2:

"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;"

 

That is why a GOOD motor carrier will provide something that outlines that the driver is off duty that fulfills the later part of of that. Then there is no conflict with the regulations. If a driver shows off duty in those situations, no harm no foul.