SCOTUS rules in truckers favor, must pay for loading and unloading time

Discussion in 'Trucking Industry Regulations' started by drivingmissdaisy, Jul 24, 2020.

  1. TokyoJoe

    TokyoJoe Road Train Member

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    I don't know about you but I'm usually waiting in the sleeper, not being paid and not working either, and therefore log it as sleeper.
     
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  3. sirhwy

    sirhwy Medium Load Member

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    I log it in the sleeper, whether paid or not.
     
  4. UturnGirl

    UturnGirl Road Train Member

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    Minimum wage is 7.25 an hour, so im sitting at the shipper a n d, woo-hoo!!!, I get paid $14.50 before taxes. Whatever shall I do with my windfall?
     
  5. JC1971

    JC1971 Road Train Member

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    Like someone mentioned, you'll probably be required to log it as an on-duty time to get paid. I would think most drivers would get paid more for using their 70 as drive time if you're only going to be paid minimum wage for sitting at the dock. To top it off, a shipper told me that the megacarrier I worked for charged $300 per hour for detention. Really? You can't even cut your drivers 10% of that?
     
  6. PoleCrusher

    PoleCrusher Road Train Member

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    The problem there, is if you are in a state of readiness to work.

    In other words, what happens when the shipper comes out and tells you you're done?

    If you just go back to bed, then you're all good. But if you have to go to work, then you're in violation. Believe me, first time you have a DOT cop call the place you just loaded at, and ask them who is responsible for your truck while it's on their property, you'll learn real fast the definition of "on duty".

    Directly from CFR 395.2 -

    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 motor vehicle at any time;
     
  7. Cattleman84

    Cattleman84 Road Train Member

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    BS... That is the same as a shipper or reciever in my book, sleeper berth while waiting and getting washed, 5 mins on duty after wash to pay your bill.
     
    farmerjohn64 Thanks this.
  8. Cattleman84

    Cattleman84 Road Train Member

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    If that were the case then you could never use sleeper berth... Who is responsible for your truck while you are sleeping at night? Say the fire marshal knocks and asks you to move because they need to get thier fire trucks in there to fight a fire???

    You are responsible for your truck at all times, reguardless of your "state of readiness"
     
  9. PoleCrusher

    PoleCrusher Road Train Member

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    I get where you're coming from, and in fact agree with you. But if you get cited, they are going to point to the CFR and it will stand. I've been down that trail.

    If you're in an accident, the shysters will have a field day with you.

    Remember, we're dealing with government regulations, which are not expected to make sense.
     
  10. Lennythedriver

    Lennythedriver Road Train Member

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    Truck drivers all think because they make around a grand a week, they’re making all this money. They look at their friends back home who were making $300 to $500 a week at some job. What They seem to forget? As you are essentially selling your life for that thousand dollar a week paycheck. And I do mean literally. You’re on the truck say an average of 25 to 35 days straight. You can’t go anywhere but that truck pretty much. I mean you can technically get out walk around a urine filled nasty truckstop but 99.9% of the time the truck is going to be your life for those 30 days straight. Meanwhile how much life are the people that make the $500 a week paycheck living? You can also sell your soul to the devil too! Lol

    i’m not bashing truck driving or over the road driving. But it’s just reality. If you took every literal second that you’re doing something trucking related during the 30 days you’re on that truck, and we’re at home and apply that to making an income, even probably stuffing envelopes, you probably could make $1000 a week. And still sleep in your bed at home at night.

    OTR truck drivers get ripped off! Overall when you really calculate things out!
     
    born&raisedintheusa and TokyoJoe Thank this.
  11. Cattleman84

    Cattleman84 Road Train Member

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    Not always true... I run OTR, if I break what I make down to an hourly rate taking into account EVERY hour (excluding my 10 hours per night for sleeping, I dont think ANYONE should be paid for this) from the time I leave home until I return home... I still make more per hour than what most folks back home make... And I gross WAY more than they do annually.
     
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