Question about being Rescued over 14 hours

Also, might not hurt to check the contract to see if there are any rules that apply. When I was union several years ago they gave everyone a copy of the contract and all the work rules in a booklet form. Or you can be lazy and just ask the steward.

 

About 14 years ago, I worked in food delivery and was running out of hours. My drive time wouldn't get me back to the terminal and I had very little On Duty time extra. I called well in advance, seeing the problem. They sent another driver out to finish bringing the truck back and I rode in the vehicle that brought him. I did not drive as I was out of hours, On Duty and Driving. (well, almost-just a few minutes left.) They had an office person drive the pickup as I was OUT OF HOURS!!. I guess that would qualify as Personal Conveyance but these were paper log days.
I believe when you're out of hours, you are out of hours, no driving on duty car or tractor. ...or get a hotel.

 

If the honda civic is registered to the company, its a commercial vehicle and, no, you can not drive it if your driving time has expired.
The company is still liable under their insurance.
They need to send 2 people to do it properly. You can ride in the truck but have to follow team rules as far as logging.

 

The trick is, is to send a privately owned vehicle . then you can drive it back.

 

A Honda Civic, unless it is hauling hazardous materials, is NOT a CMV under the FMCSA regardless uf who owns it. I already linked the FMCSA rules on it.

Post #8

 

There is a difference between a car being registered to a company and used for commercial use, and the DOT/FMCSA definition of a commercial motor vehicle. The same words do not mean the same thing

 

Nope. We can use the company cars off duty, provided we are not doing work for the company. Even using a rental car to meet a trainer/get a truck is considered off duty.

Except that all compensated time must be logged on duty.

 

Oddly enough, THIS is NOT true, under the FMCSA: https://www.fmcsa.dot.gov/regulations/hours-service/how-does-compensation-relate-duty-time

From the rules:
Question 10: How does compensation relate to on-duty time?

Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.

I can think of a possible scenario: Union rules, drivers get a paid 15 min break during these hours, a paid lunch break, and another paid break during these hours would be an example off the top of my head. The driver would be off duty during these periods and yet still get paid for it. Just an example...

 

Okay - compensated WORK. If you get paid for resting, that can be off duty. If you get paid for anything else, it's supposed to be on duty.

 

The issue has been discussed, so I deleted my two cents worth.