Question about elogs

Can you legally drive any commercial motor vehicle if you are out of hours available?

For example, the 11, 14 and 70 hour clocks are the restrictions that determine when a driver can operate a unit.

So...considering the P.C. would allow an off duty driver to move to a location because they are not logged as on duty.

The guidance in part 395...H.O.S. does state the only reason it could be used. Therefore, I would interpret this exemption would allow a driver to drive beyond his available hours only when properly adhered to.

What say you?

 

Set the eld to off duty and remark the truck is in the shop. Log off the eld. Drive to the truck stop. If necessary have the truck stop air a tire or check the oil. Log back in the next morning after your complete 10 hours is finished.

 

How nice...except when you log back on...the company would have a record of the truck being moved while driver was not logged on.

 

I say again, that using PC requires a driver to be relieved if duty, and that if you are moving a truck from a spot where you are not allowed to leave it to a place where you are allowed to move it, then you are performing work for the company, whether it's technically a dispatch or not, and you are not relieved of duty.

 

Correct, and if you log it as being in the shop and it's not in the shop, and there is no shop at the place where you log out of it, you are setting up for a ticket for log falsification.

 

so i guess he could technically drive away as long has he kept under 20 mph

 

That's exactly what I would do!!!

 

If you take this discussion to the very extreme a driver is responsible for the truck as long as they are in possession of it so technically always on duty. Draw the line where you see fit.

 

No actually used this argument and won when I drove for IWX, At the old flying J in Vegas, the driver next to be cut to soon and took off my hood, The Vegas pd wanted to list me on the accident form, told can not do that I'm off duty and by federal law I'm no the responsible party. They listed IWX responsible and no driver on the report.

 

This isn't only a Federal guideline, but it depends on the State operating in. Some states consider the empty trailer (unladen) as part of a load....WA for example...therefore in WA you MUST be bobtail to use PC. OR and CA agree with the Feds on unladen, so in those states you can move using PC with the trailer.
The guideline is vague on purpose, leaving the companies the discretion on allowing PC or not , also, the company determines the time/distance allowed for using PC. As far as being "ON DUTY" under any circumstance with a CMV, this is ludicrous! Are you paid for every minute you are away from your terminal/residence? I doubt it....therefore, once the delivery is completed, you are OFF DUTY, and moving to a different location for your break, would qualify for PC, as long as the company policy allows and depending on the state if unladen is allowed to be used in PC.