On Duty, Not Driving

Right, but the motor carrier's policies do not overrule the FMCSRs. For example, if you are waiting and not free to leave the premises, then one is on duty, unless he is resting in the sleeper berth. Here is a regulatory guidance published FMCSA:

"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 realize that read strictly this applies to routine stops, but what I take away from this is that, for one to be off duty, he must be relieved of responsibility for the vehicles and cargo, and free to pursue activities on one's own choosing. If you wish to obtain more information, run a google search for "Timothy Bishop v. United Parcel or follow this link (I hope it works)

https://www.oalj.dol.gov/Decisions/...013STA00004_(NOV_15_2013)_163615_CADEC_SD.PDF

 

Any time at customer, after checking in and bumping the dock, I am always free to pursue activities of my choosing, which is usually updating my spreadsheets on my laptop, checking emails, cleaning up around the cab or sleeper, or watching a show. Many of my customers allow me to take full 10 hr breaks at their location if I choose to.

Now it could be argued, technically, that as the owner of the truck, I am always responsible for care and custody of the vehicle. But also as the business owner and president of the LLC, I have relieved my driver (me) of all responsibility. As President of the LLC which owns the equipment, I am responsible for the vehicle, but as President I am not required to log anything. But as the driver and required to log, I am relieved of all responsibility. It all depends on which hat I am wearing at the time, so to speak. Yes, as the driver of the truck, I am a W-2 payroll employee of my LLC. So there are separate positions I assume in the company. Legal bases all covered.

 

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.
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.

Issued on: July 5, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-16687 Filed 7-11-13; 8:45 am]

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

 

The companies I worked for in the Cab book had a company letter stating that the driver is to log 15 upon arriving at the shipper/consignee and can log line 1 or 2 after that, unless you have the Dock duty of watching the load then it is line 4.

 

What has always worked in the past is to log Sleeper. Sleeper had/is still a sort of sanctuary exempt from the requirement to be relieved of duty. Also falls under 'free activity of driver's choosing' criteria.

I would just be reasonable and log a token amount of time to show arrival at customer On Duty and then log Sleeper to avoid all questions. Then log some more On Duty time when leaving customer before driving of to represent checking out, sliding tandems, rolling up tarps, closing doors etc.

 

Well I got a response. The prick from Iowa just quoted the incomplete guidance from Question #2 and blew it off since there was not a citation, just a warning. Iowa seems to have their own agenda these days.

I held off making the DataQ since I knew I'd be able to talk to a western region Administrator for the FMCSA at a business meeting in Vegas in January. I laid it out for him with the Guidance from Anne Ferro and he agreed with my assessment. He knew of the guidance and agreed with it.

Take from this whatever you wish but I still believe the guidance allows a driver to take his half-hour break while seated in the driver seat on shipper/receiver property and doing personal business. That is what my driver was doing. He showed his 15 minutes on-duty to take paperwork inside.

 

If your driver had just falsified Sleeper for the half hour everything would be cool....

 

Yeah, amazing.

 

Absolutely correct!

Any time your carcass is actually IN the sleeper, that is sleeper time. You do not have to be doing anything particular. But you have to be IN the sleeper.

 

That is when, if I were you, I would make a formal, written complaint against the jerk, citing the other officer as a witness. Let this guy's department and his superiors know what a jerk he is.

Unacceptable behavior. If that were one of my subordinates you would receive an apology from the officer, and the jerk officer would not only get a back room screaming session, but a written reprimand for acting like that. Not happening around here.