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???
Remaining on-duty in a "state of readiness"...
Discussion in 'Trucking Industry Regulations' started by Scooter Jones, Jun 12, 2013.
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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.htmDoneYourWay Thanks this. -
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.
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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!
Sublime Thanks this. -
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.
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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.
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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.
DoneYourWay Thanks this. -
chalupa Thanks this.
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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.gentleroger, starbulk, g.o.a.l and 2 others Thank this.
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