Road safety is everyone's responsibility

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by RomTon, Feb 27, 2024.

  1. RomTon

    RomTon Bobtail Member

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    Obviously, there we are talking about money and here about safety.
     
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  3. Last Call

    Last Call Road Train Member

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    Your tactics are the same in both threads so are your motives
    The other thread you were crying about the insurance company was screwing you
    This thread your crying about the DOT screwing you
     
  4. gentleroger

    gentleroger Road Train Member

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    According to FMCSA regulation all time performing compensated work must be logged on duty. One could argue that the time from picking up the rental until leaving with the loaded wrecks was just 'on duty not driving', but they would be wrong. At the point the rental was picked up it became a CMV as the purpose of the travel was to pick up a load. No different than me bob tailing to a shipper to pick up a preloaded trailer.

    Further, while a driver's travel time does not need to be logged on duty, FMCSA does not consider travel time as part of any rest break. IE if a driver gets in an Uber to the airport at 0700 it starts an imaginary 14 hour clock and the driver cannot drive until 10 hours after the travel has been completed. So sayeth my company's Safety Critters, so sayeth the Courts, so sayeth we all.

    The long and the short of is you tried to start a "mailbox money" hot shot business without understanding how the industry functions - from FMCSA regulations to insurance to vetting drivers to a dozen other facets. It was only a matter of time before it blew up in your face. You're not the first, you're not the last, and if you're out less than $100,000 consider it a win.
     
  5. RomTon

    RomTon Bobtail Member

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    Thank you and please don't think I'm trying to argue. I'm just reflecting on your words. FMCSA in the section List of Proper Use of Personal Conveyance 6. Time spent transporting personal property while off-duty. I think that my personal pickup truck and my personal trailer can be considered personal property. If this is so, then we can say further. The same website section Personal Conveyance: Frequently Asked Questions says 5. How is personal conveyance time calculated in the hours-of-service rules?
    Time spent under personal conveyance is off-duty time.
    7. Are there maximum distance time or distance limits for the use of personal conveyance?
    No. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor vehicle while fatigued, continues to apply. Therefore, a driver must get adequate rest before returning to driving.
    If I understand correctly what I quoted from the FMCSA website, then I was traveling in personal conveyance. This in no way relieves me of the obligation to record the ELD, but it still does not oblige me to take into account driving time.
     
  6. gentleroger

    gentleroger Road Train Member

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    "A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier."

    You were not picking up a wrecked pov. You rented a vehicle to recover a wrecked cmv, which is an asset of the motor carrier. I know this because you stated that the dot number was still clearly visible.

    Beyond that, PC is a very muddled concept. Most of the PC "rules" have been crafted by interpretion statements, not regulation. There have been many long and contentious debates on here about the appropriateness and legality of PC. You could argue that PC was applicable for the move to pick up the wrecked vehicle, but loading it and driving it away definitely counts as on duty and then driving.

    And it's all really moot anyways because YOU DIDNT EVEN HAVE A LOG BOOK WITH YOU. I get that you thought you didn't need one, but ignorance of the law is only a defense for crimes over $1,000,000.
     
    RomTon Thanks this.
  7. MACK E-6

    MACK E-6 Moderator Staff Member

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    ....Or that guy reading the disclaimers at the ends of the radio ads. :biggrin_25523:
     
    RomTon and hope not dumb twucker Thank this.
  8. Ridgeline

    Ridgeline Road Train Member

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    OK I don't understand this one either but going to comment on it after the OP answers a couple questions.

    1 - is the truck you are towing - Dodge - in your name or in the name of your company?

    2 - why are you towing it with a junky F150?

    The first one is the serious question that needs to be answered.
     
    Rookie driver 956, Feedman and RomTon Thank this.
  9. RomTon

    RomTon Bobtail Member

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    1. Yes it's mine own not a company
    2. 2021 Ford F-150 PowerBoost Hybrid Runs Like a Rocket towing capacity 15k
     
  10. snicrep

    snicrep Heavy Load Member

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    I don't have a long enough attention span for that. How about a reader's digest version?
     
  11. Ridgeline

    Ridgeline Road Train Member

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    OK follow-up question, you keep saying that you rented the truck with an open MC, what do you mean by that?
     
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