Question about 'off duty' time and can my boss have me do other duties.

it's my understanding that if a driver is being paid for work performed, except for driving time, that time is to be recorded as on duty, not driving. Additionally, if a driver worked for another employer (non-driving job), all that time worked must also be recorded as on duty, not driving as well.

for example, you drove your vehicle for 8 hours and then went to your 2nd job, flipping burgers for 4 hours, you would have to log the 8 driving and the 4 flipping burgers as on duty, not driving BECAUSE you were compensated for that time.

I do not know the exact regulation that spells that out. sum1, I'm sure will post that info shortly

 

If you take a call during your 10hr break and you are being compensated then you are on duty and not getting a full 10 off. Read the green book with the dot rules. The lawyers are wrong.Not an opinion just fact.

 

As the others have stated any "work" performed for pay must (technically) be recorded as on duty not driving time which could mess up your 34 hour reset as you suspected.

The only problem is you are not "required" to get a 34 hour reset at all. It is an "option" under the current HOS regs. The normal 60 hr/7 day, or 70hr/8 day rule still applies.

What the above means is you will have to keep track of your time and run it like we used to. 70 hours in 8 days is still the superseding rule. The sad part is you may wind up bumping that 70 hour rule rather quickly and wind up losing some potential drive hours.

Of course you can "work" 24 hours per day, 7 days per week, 52 weeks per year and NEVER be in violation as long as you do NOT DRIVE. The HOS are designed to "limit" driving but make no mention of limiting "work."

 

§395.2 Definitions.

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.


Here's an interpretation I think fits your situation.


Question 11: Must non transportation-related work for a motor carrier be recorded as on-duty time?

Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term "work" as used in the definition of "on-duty time" in §395.2 of the FMCSRs is not limited to driving or other non transportation-related employment.



Question 14: How must a CMV driver driving a non-CMV at the direction of a motor carrier record this time?

Guidance: If CMV drivers operate motor vehicles with GVWRs of 10,000 pounds or less at the direction of a motor carrier, the FHWA requires those drivers to maintain records of duty status and record such time operating as on-duty (not driving).

 

Checked with lawyers?? I'd love to see that explanation during a DOT audit.

 

That would be funny to watch some dumb a Z Z lawyer dancing like a chicken in a fryin pan. There are very few lawyers that I see that have a grasp of the regulations. The ones that do, that is all they do. The general criminal/ traffic lawyers have no clue. It's a fun day at court to play games with them and watch them look stupid in front of everyone. Most are pompous anyway. From the sounds of the company has no clue either.