Restart

Discussion in 'Trucking Industry Regulations' started by jimjam38, Jun 25, 2023.

  1. jimjam38

    jimjam38 Medium Load Member

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    Nov 6, 2011
    chickasha, oklahoma
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    Had an issue at former employer over this and got into a heated discussion with a fellow driver at my current company.
    Anyway, to restore your 70 hours of drive time, you take 34 consecutive hour off duty or sleeper.
    If you perform any type of work for employer(not driving) that should be on duty not driving correct? Therefore, you haven't had the 34 hours off.
    First employer ran oilfield exemption and would schedule us to come in for safety meetings(usually 1-3 hours) but time it to where when the meeting ended, you would have been off duty for 24 hours. My dispatcher argued with me because I logged into my eld prior to going into the meeting and showing on duty with the annotation "safety meeting".
    Flash forward to current job, I was brought in to unload trailers cause regular guy went on vacation. This one, I was on duty yard mode. Driver here at company stated when he unloads trailers he just logs PC for the entire day(usually 8 hours) PC is personal conveyance and my point is I am technically working for the company not doing anything remotely considered PC(in my opinion) His argument was that was how he got his restarts. So my question is, am I in the right on this? Or am I wrong?
     
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  3. uncleal13

    uncleal13 Road Train Member

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    Apr 9, 2009
    Humboldt, Sk
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    You are correct technically. Although most companies interpret your logging the extra work and meetings as not wanting to work. As in not wanting to drive.
    If you didn’t log it, was later tired on the road and got into a major accident. Upon a full investigation and log audit, the company would through you under the bus and claim that you were supposed to log it.
    That’s what we learned here in Canada after the Humboldt bus tragedy. The driver got 8 years in prison, the company got a $5,000 fine and continued operations.
    As long as you are consistent in sticking up for yourself they will learn to quit pushing. They’re just use to getting something for nothing for years.
     
  4. Oor

    Oor Road Train Member

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    Jan 11, 2012
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    You are absolutely correct and you should be asking for an hourly wage for those 1-3 hr safety meetings.

    Guy running the safety meetings is getting paid, so should you.
     
  5. tscottme

    tscottme Road Train Member

    You cannot do work for the company and call that a 34 reset. When some driver asnwers "but this is how my company does it", it's not the regulations that are answering the question,

    Imagine asking "is it illegal to murder strangers?" "Well, my neioghbor showed me how to boil the dead body in acid and pour it down the sewer and he never went to jail, so I think it is legal to murder people." Getting away with something isn't answering "what do the regulations allow?" It is answering can you get away with doing X?
     
  6. jimjam38

    jimjam38 Medium Load Member

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    Nov 6, 2011
    chickasha, oklahoma
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    Thanks for all the replies. I have always held the notion if I'm doing any work for employer not just driving, then I'm working. I'm not off duty, therefore no way to legally restart
     
  7. Scalemaster

    Scalemaster Heavy Load Member

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    Mar 13, 2011
    Midwest
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    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;
    (8) Performing any other work in the capacity, employ, or service of, a motor carrier;

    It is not Yard Move, it is not Personal Conveyance - it is On-Duty - Not Driving - line 4.
     
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