Sleeper Birth while being loaded or unloaded

K2DMG · May 6, 2012

Hello to all,

Question for you all, my company is telling me I must log my loading and unloading as on duty not driving. I work for a company that I do not have to touch my freight, I just back in and check in.

So here is what I do daily. I drive from Rochester, NY to some where in NJ or JFK. So at the Beginning of my shift I log a 15min pretrip and then about 6.5 hours as driving depending how long it takes me to get there. I then log 15 mins as on duty not driving when I check in with the receiver. I then log my self in the sleeper because I am usually in there taking a quick nap. After I'm unloaded I will either drive to my next drop or my pick up and log that on line 3 as driving. When I get to my next stop or pick up I again log 15 mins on duty not driving to check in and then back in the sleeper as I might take another nap or watch tv.

My company is telling me I can not log in the sleeper when I am getting loaded even though I am in the sleeper. I've been driving for 4 years and have anyways done this but now I'm with this new company and they say I can't do it.

Who is right and who is wrong? Hope this make sense to you guys and gals. I no that during road side inspections the dot never says anything.

aiwiron · May 6, 2012

Company policy always, does not sound hokey but hey they make the rules to CYA.

IraqVetTX · May 6, 2012

Yeah I am pretty sure company policy wins. I can log off duty if I am not doing jack. However I still have to log on duty not driving for minimum of the 15 mins plus chain and tarp time.

LaBubba · May 6, 2012

Ask if you can log Off-Duty.Unless you get 8 hrs.in the sleeper it really doesn't make much difference unless they want you on-duty the whole time.

Gearjammin' Penguin · May 6, 2012

All I know is, if I gave birth in a sleeper(or anywhere else), it would likely amaze medical science 'cause I'm a dude.

MNdriver · May 6, 2012

it makes a difference how many hours you save on the 70 hour clock for driving.

If you burn that clock up on the line 4, you screw yourself for Line 3 time.

http://www.fmcsa.dot.gov/safety-security/eta/index.htm

Off Duty Authorization..................................................91
Click to expand...

Driver Off Duty Authorization (395.8)
A driver may log meal breaks as Off Duty instead of On Duty not driving with a permission letter from the motor carrier if:
➤ The vehicle is parked in a safe and secure place that is not obstructing traffic;
➤ The meal break is at least 30 minutes but no more than an hour; and
➤ While off duty, the driver is relieved of vehicle and cargo responsibility; and
➤ If the driver is free to leave the premises on which the vehicle is parked to pursue other activities as long as the ability to safely operate the vehicle is not impaired as required by Part 392, "Driving of Vehicles, of the Federal Motor Carrier Safety Regulations.
Click to expand...

windsmith · May 6, 2012

Yup. I'd say that if they want me to log on-duty when I'm actually not, then they'll need to compensate me for it.

MNdriver · May 6, 2012

I pull in and park, make a message for arrive shipper/consignee . My EOBR goes to on-duty automatically.

I walk my papers into receiving.

I come out and put in a note for the On-duty time for unloading or loading and go to Off-duty or SB. Depends if it will be under or over 2 hours.

I go eat, surf the web, take a nap do whatever.

I get my papers, make a comment about departing shipper and leave. EOBR recorder goes to Driving On-Duty automatically.

Company has no issues with my doing that.

Pedigreed Bulldog · May 6, 2012

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2

Hours of service of drivers

§ 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;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle 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 part 382 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.
Click to expand...

In other words, under the regulations, you are supposed to be "on duty" while being loaded or unloaded, or any time you are at a shipper or receiver's facility, unless you have been relieved from duty by the motor carrier. If the carrier wants you to log it on line 4, that's how you should log it.

Pedigreed Bulldog · May 6, 2012

windsmith said: ↑

Yup. I'd say that if they want me to log on-duty when I'm actually not, then they'll need to compensate me for it.
Click to expand...

According to the regs, you ARE on duty, though....and should log it accordingly.

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