On Duty Time and Off Duty Time

The post-trip inspection is mandated by FMCSA:

The pre-trip is not:

As has already been mentioned (and comes up over and over... I addressed this exact topic in another post a couple of days ago), just because an activity may take less than 15 minutes, it does not mean it does not have to be noted. Anything less than 15 minutes should be flagged:

Furthermore, there is no regulation regarding the amount of time spent on either a pre-trip, or post-trip inspection.

I typically flag the pre-trip and log the post-trip as 15 minutes. I occasionally log a longer pre-trip and a half to three-quarter-hour post-trip.

 

No, there really isn't. For the most part, the regulations are relatively straight-forward. Where the "gray area" seems to come from is people wanting to provide their own interpretation of things. A good example is rookietrucker's post and the person that told him that he must log both pre-trip and post-trip inspections as 15 minutes... there is no such regulation.

 

IMHO---in terms on civil suits--everything/anything is in play--there really aren't any rules--the entire idea is to scare/intimidate--illicit a favorable reaction from a jury and/or make such a compelling argument that your (drivers) insurance company feels they will lose and force an out of court settlement--What Dave is saying is unfortunately true--in almost any facet of life(not just trucking)in today's litigis society--so don't look for specific regulations rules etc--there are none--and let us not confuse traffic offense's etc--with civil lawsuits--
It is as much the civil lawsuits--more so than even the state charges--that prompted carriers many years ago--not to give any statement etc involving accidents etc..--and I know all of you have gotten THAT speech from someone--

 

I think it was more of a "what if" then anything. Possibly valid, but I've never heard of it, and I'm in the legal field.

 

Please bear something in mind... Olhand is right on the money here - the lawyers have very little idea about what they're arguing, saw that a long time ago in automotive cases... but it doesn't matter - they're arguing against another lawyer with little knowledge of the subject, with a judge sitting that has even LESS knowledge of the subject... and to a jury that has little or no knowledge of the subject and were too stupid not to get out of jury duty.

 

I wouldn't want to find out the HARD way in a civil trial that I screwed up.

I get that there are different rule interpretations, some more pracitcal than others, and I normally obey the loosest interpretation that I feel comfortable or safe with. But a lawyer will always go for the strictest version he can find to win his case and make money.

All it takes is one mistake, one oversight, one intentional or unitentional bend of the rules and a good attorney will own you in a civil suit!!!

I guess all I am saying is Be aware of the rules, Be aware of the possible consequences, and make your decisions based on reality, not some misguided, ill-informed truckdriver story.

 

395.2 Definition of On-Duty time:On duty time shall include: (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

395.8 interpretations
Question 1: How should a change of duty status for a short period of time be shown on the driver’s record of duty status?
Guidance: Short periods of time (less than 15 minutes) may be identified by drawing a line from the appropriate on-duty (not driving) or driving line to the remarks section and entering the amount of time, such as “6 minutes,” and the geographic location of the duty status change.

Any work-related activity is On-duty time. Pre-trips, post-trips, fueling, tarping, washing the truck, etc. are all on-duty.

Nowhere in the regs does it say how much time it should take for an inspection, it just says show the actual amount of time, if it is less than 15 minutes you show the time in the remarks like 395.8 question 1 said.

 

As long as you show your time in the remarks area for your Pre-trip inspection, as well as the location.

It would be a violation if you just show the location, but do not show your time.

 

Question, i park my truck at the t/s 15 minutes away from home, my choice, cause its a.company fuel stop and i can combine my pti and fuel for the 15 minute, which my log person and safety said was ok. But since i chose to park there, my driving over in the morning in my pick up would be considered off duty right?