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

Subpart A - General

Code of Federal Regulations§ 397.5Attendance and surveillance of motor vehicles.(a) Except as provided in paragraph (b) of this section, a motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it.(b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist'


Here is the Chapter and verse you pointed out Rick. My reading of it indicates the "in-attendance" is in reference to specific HAZMAT loads and not to the question being discussed. I welcome the information; I can put it to use down the road. However does anyone have any thing that DIRECTLY indicates you can mark off duty, while waiting to be loaded or unloaded, and not performing any driver related duties?

 

What part of "any" are you not understanding?

 

The way I read it is that paragraph 1 (blue) is a stand alone policy. The only exception to it is if you have been relieved from duty by your MC. Paragraphs 2,3,4... are similarly singular policy points that may have exceptions as noted with Roman numerals. Paragraph 4 is about time in/on the truck and has the exception that you are not on-duty while at rest unless §397.5 states differently, you are in the sleeper birth, or riding passenger...

So here is how I see this shaking out; If at the shipper/receiver, unless noted by your MC, you are on-duty. However, if you are out on the road, full or empty, and you pull over and want to go off the clock you can without going into the sleeper berth or as noted §397.5 of this subchapter.

If we go back to the original post by Scooter Jones he stated, "...So, I took my dogs for a walk" According to what I have read the DOT-Man was correct.


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 motorv ehicle at any time;

(3) All driving time as defined in the term driving time;

(4) All time in or on a commercial motor vehicle, other than:

(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;

(ii) Time spent resting in a sleeper berth; or

(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the 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, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part382 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.

Scooter Jones he stated, "...So, I took my dogs for a walk" according to what I have read the DOT-Man was correct.


I'll take my thumping with a cup of hot Joe!

 

Whatever works for you I guess. Having attended numerous webinars held by FMCSA who didn't consult The Truckers Report for the new rules I concede. Believe what you want to believe.

 

Dude, he wasn't waiting to be dispatched, he didn't need to be in a state of readiness, they weren't loading or unloading his trailer. In fact, they made it clear it wouldn't be for some time before they could even get to him.

 

He realizes now that he gave the DOT the rope to try and hang him. Next time, he will remain parked outside the shipper,take his dogs for a walk OFF-DUTY until they are ready for him to dock. He will remain on-DUTY while docking, then go into Sleeper Berth status.

 

You don't get home you don't get a restart. Wonder about thee guy's that live in their trucks?

 

Where does it say you have to get home to get a restart?

 

from the line above

[TABLE]
[TR]
[TD](1) Must include two periods from 1 a.m. to 5 a.m., home terminal time. (2) May only be used once per week, 168 hours, measured from the beginning of the previous restart
[/TD]
[/TR]
[/TABLE]

 

Home terminal TIME, not location. Just like you log now.