Remaining on-duty in a "state of readiness"...

Discussion in 'Trucking Industry Regulations' started by Scooter Jones, Jun 12, 2013.

  1. Scooter Jones

    Scooter Jones Road Train Member

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    A friend of mine got pulled into the Kelso, WA weigh station on Monday for a paper check.

    DOT officer looking over his paper logs says:

    "WHAT WERE YOU DOING HERE IN PUYALLUP FOR AN HOUR OFF-DUTY?"

    "I arrived early at the shipper, they weren't ready for me. So, I took my dogs for a walk"

    "YOU CAN'T DO THAT!"

    "Really? Why is that, I've always done it that way."

    "THE RULES STATE THAT WHENEVER YOU ARRIVE ON THE PROPERTY OF A SHIPPER OR RECEIVER, YOU MUST REMAIN ON-DUTY IN A STATE OF READINESS THE WHOLE TIME YOU ARE THERE!" I'M NOT GOING TO WRITE YOU UP NOW, BUT DON'T DO THAT AGAIN."

    What say you all? Are you staying on-duty the whole time you are at a shipper or receiver???
     
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  3. Sublime

    Sublime Road Train Member

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    DOT man is full of dung. If he was walking the dog he clearly was not under his carrier or the shipper/receiver. There's no rule for 'on the property' as far as I know.

    [TABLE="class: TableFMCSA1, align: center"]
    [TR]
    [TH="class: LeftTableHeadFMCSA, align: center"]PROVISION[/TH]
    [TH="class: LeftTableHeadFMCSA, align: center"]PRIOR RULE[/TH]
    [TH="class: LeftTableHeadFMCSA, align: center"]FINAL RULE - COMPLIANCE DATE FEBRUARY 27, 2012[/TH]
    [/TR]
    [TR]
    [TH="class: MiddleTDFMCSA1"] On-duty time [/TH]
    [TD="class: MiddleTDFMCSA1"] Includes any time in CMV except sleeper berth.[/TD]
    [TD="class: MiddleTDFMCSA1"] Does not include any time resting in a parked vehicle (also applies to passenger carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper berth. [/TD]
    [/TR]
    [/TABLE]

    http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm
     
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  4. Scooter Jones

    Scooter Jones Road Train Member

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    Thing is the DOT officer could have written him up and it would have gone onto his CSA scoring. Getting it off using their stupid Data Q process would be nearly impossible.
     
  5. starbulk

    starbulk Bobtail Member

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    It would be worth fighting it, these DOT officers need to follow the rules, not interpret them to their liking to make it hard on the drivers!
     
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  6. Scooter Jones

    Scooter Jones Road Train Member

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    I have a friend that trains for Swift. He said that Swift is trying to get their drivers to show themselves on-duty the WHOLE time they are docked. No matter if it's half an hour or five hours. He told me heretofore he is ignoring it. So, somewhere this "interpretation" of a rule is trying to creep in.
     
  7. Scooter Jones

    Scooter Jones Road Train Member

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    The DOT can be ruthless sometimes. Especially the ones that used to be drivers, they know all tricks. I know a guy that got busted a couple of weeks ago in Cali. The DOT officer called the shipper to verify when he checked in and out and Voila! The time on his paperlogs weren't even close.
     
  8. Scooter Jones

    Scooter Jones Road Train Member

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    The way the DOT officer put it was that whenever you are on the property of the Shipper of Receiver you have to remain in a state of readiness because they might call on you at any time to dock or undock at any moment. LOL
     
  9. PackRatTDI

    PackRatTDI Licensed to Ill

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    I log myself on duty until I have been unloaded or loaded with bills in hand, then I log a 15 min on duty for checking in and 15 min for "paperwork" with sleeper in between. Been through two roadside inspections and a DOT carrier inspection with no problem.
     
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  10. PackRatTDI

    PackRatTDI Licensed to Ill

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    If swift wants to eat up their driver's 70 hrs, then that's their stupidity. Thats x amount of hours the driver can't run towards the end of the week. Shooting themselves in the foot so to speak.
     
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  11. Sublime

    Sublime Road Train Member

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    Back in the day there used to be a distinction; if the dispatcher told you to call him you could be off-duty, if he said 'wait for my call' you had to be on-duty. I don't know if it was true or not but that's what my company said. I think DOT man is trying to make that distinction. That's no longer the case.

    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.2&guidence=Y

    Question 5: Do telephone calls to or from the motor carrier that momentarily interrupt a driver's rest period constitute a change of the driver's duty status?
    Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver's off duty status.


    Question 6: If a driver is required by a motor carrier to carry a pager/beeper to receive notification to contact the motor carrier for a duty assignment, how should this time be recorded?
    Guidance: The time is to be recorded as off-duty.

    Question 20: How must a driver record time spent on-call awaiting dispatch?

    Guidance: The time that a driver is free from obligations to the employer and is able to use that time to secure appropriate rest may be recorded as off-duty time. The fact that a driver must also be available to receive a call in the event the driver is needed at work, even under the threat of discipline for non-availability, does not by itself impair the ability of the driver to use this time for rest.
    If the employer generally requires its drivers to be available for call after a mandatory rest period which complies with the regulatory requirement, the time spent standing by for a work-related call, following the required off-duty period, may be properly recorded as off-duty time.
     
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