On Duty Time and Off Duty Time

Any driving in a personal vehicle would be off-duty. You only log line 3 when you're operating a CMV under federal HOS as outlined in part 395.

 

You sure like those blanket statements.

If travelling at the direction of a carrier, then the travel, even if by personal vehicle, could qualify as on-duty.

 

That has nothing to deal with driving a personal vehicle. It is secluded to riding in the right seat (shotgun) of a CMV.

I have to ask this but are you a trucker?

 

"is traveling, but not driving"

I would think that if this meant commuting, then it would have been qualified by saying "is traveling, but not driving a CMV" or even more detailed. Instead, it says "not driving" and in my opinion that means not driving anything. As in, after reporting to work the driver taken as a passenger to another location to get his/her vehicle. Think about it. Everybody has to get to work somehow and we're all working under some type of deadline, whether it's: "Be here at 6", or "Get the load delivered by 11". No one shows up to work whenever they want. If the commute to work was to be considered on-duty, it would clearly state that in the regs. I'm actually surprised it's not covered in the guidance section of 395.1, which means it's never even come up in court.

I would think that if it really meant commuting, there would be a lot of drivers saying to their dispatchers: "Yeah, I stayed at my friends house last night and he lives 100 miles away, so I can only be on-duty 12 hours today, and that ended 5 minutes ago. Send someone to take over."

 

My post was not in response to dirtyjerz' qestion, but to your post (which I quoted) in which you made a blanket statement ("...any...only...") which is, again, patently wrong.

 

If they only meant "while riding in a CMV" I am quite certain they would have said so. In the absense of that constraint, it means exactly what it says "while travelling at the direction of a carrier", so whether by plane, train or automobile.

Yes, I am a trucker.

 

Batman, you posted this in response to the statement:
"If travelling at the direction of a carrier, then the travel, even if by personal vehicle, could qualify as on-duty." by lostNfound

You might want to read 395.2 Interpretations Question 14:

It seems lostNfound is right.

 

It specifically says "is traveling, but not driving". Ponder that for a minute. If it meant that it applies to commuting, technically it wouldn't apply if you're driving your own vehicle, and that doesn't make any sense. Sleeping in the Pullman car of a train is on-duty but driving your own car is off-duty? Absurd.

It means, after you go on-duty and are traveling but not driving.

On-duty time is clearly defined and nothing even closely resembles commuting...

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;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All driving time as defined in the term driving time;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;

(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;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;

(8) Performing any other work in the capacity, employ, or service of a motor carrier; and

(9) Performing any compensated work for a person who is not a motor carrier.

 

Again, both you and THBatMan8 took my post out of context as though I was responding to dirtyjerz' question, which I was not. As I mentioned, I was explicity addressing THBatMan8's blanket statement (which I quoted) that "Any driving in a personal vehicle would be off-duty", which is false.

You are arguing against yourself... nowhere have I suggested that commuting to work, generally, could be considered on-duty unless it is at the direction of a carrier. What I did state, and supplied supporting documentation for, is the fact that the use of a personal vehicle, or any other non-CMV, or other mode of transportation as a passenger, could be considered on-duty.

Read the interpretation page as referenced in the post immediately before yours

There are a number of overlapping regulations and interpretations that if read in their totality, rather than seperately, provide a clear context as to the FMCSA's intentions.

 

Then forgive me. I thought you were jumping on the "commuting to work is on-duty" bandwagon. You are correct. Driving your own personal vehicle can be considered as on-duty but only after you start work, and if you think about it, it wouldn't even matter if you marked it as off-duty, since nothing stops the 14 hour clock except either 10 hours off or at least 8 hours in the sleeper berth.

You could start work doing a pre-trip, find something wrong with your vehicle and go to the parts store on your own time and in your own vehicle and mark it as on-duty or off-duty, but that time will still be counted against your 14 hours. It doesn't matter where you mark it on the RODS. You can mark it as off-duty if your obligation to the vehicle has ended and you are free to go about your personal business, but 14 hours after you started, you can't be behind the wheel.