running bobtail

2 things.

One, if the scale says OPEN, come in. Loaded, empty or bobtail.

Two, you can only drive to and from home (commuting) as off-duty driving if you do the same every day to and from the same place. And then only unladen (empty).

 

I would think if your getting PAID to BT than you should be on duty driving, you can't be off duty if you are being compensated.

 

Care to elaborate on that?

 

395.8 Interpretations Question 26:

 

But you said "only".

Two, you can only drive to and from home (commuting) as off-duty driving if you do the same every day to and from the same place.

Guidance says "may".

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. ...A driver may not operate a laden CMV as a personal conveyance.


Not trying to be difficult but there is other times you can B/T and be off duty is all I'm trying to clarify. That is just an example of 1 of many reasons someone can B/T but not the only 1. You also don't have to return to the same place you started. I B/T home weekly past a scale than have to log driving to go back and pick up next load because I am "under dispatch" but by what you said it makes it sound like I couldn't do that. Just want to make sure someone is not given the wrong info is all.

 

If you could help me out with what the other times are? Please quote the regulation in 395 FMCSR which allows such action.

 

http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.PDF

Personal Use of a Commercial Motor Vehicle
[FONT=LCFFL O+ Times,Times][FONT=LCFFL O+ Times,Times]It is possible that occasionally you may not use a truck in commerce at all. You may be moving your personal belongings to a new house or, as a hobby you may be taking your horses to a horse show. As long as the activity is not in support of a business, you are not operating in commerce. [/FONT]



[FONT=LCFFL O+ Times,Times]If you are not operating your truck in commerce, you are not subject to the hours-of-service regulations. [/FONT]

This pretty much sums it up as simple as it can be. I know this has been beat to death on this site and was trying not to start it all over again.
[/FONT]

 

I beleive this is where you found your answer

http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.8&guidence=y


It might help to paste the whole question and answer not just the part you are trying to prove

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

 

You are correct, this has been beat to death, many times over.

But, I still see drivers every day attempting to drive a CMV while showing off-duty - operating way outside the limited scope provided for by FMCSA in question 26.

To be considered off-duty/driving in a CMV you can only:
- commute empty to/from home/terminal (normal work reporting location)
- travel empty "short distances" from enroute lodgings
- be engaged in an activity which is, in its nature, not in commerce - not in the furtherance of any business. (This does not, however, include bobtailing or dead-heading someplace after your last drop, as you have stated earlier)