Starting up and new HOS

That's cool....sarcasm sometimes doesn't translate well in the written word....I can appreciate it!

 

So I had a meeting with the safety manager today (not at Central) and they have been instructed that anytime "Attending a CMV must be logged as on-duty time." Meaning that even when a driver is asleep in the sleeper being loaded or unloaded it has to be logged as on-duty. I know Central Refrigerated does not teach that and encourages logging 15min ON when you show up, then line 1 or 2 until you leave. I'm just wondering from you legal types any clauses or loop-holes you can see that I can bring to his attention, because this is going to kill my drivers miles, average time at a customer is 2-4 hours and we run shorter runs (200-300 miles) so we are at 3-4 customers a day. That's 6-16 hours of on-duty time!!

 

sleeper is off-duty, without question

 

14 years in this....I've never run into anyone knowingly who followed this to the letter. I almost believe most LEOs would actually get a laugh out of this if they ever ran across someone logging in this fashion.

Every company I've worked for, including my current and previous carriers (Crete and Schneider, respectively) have had drivers log as you mentioned...15 mins on each end. I usually end up with between 20 and 25 mins (I'm on e-logs).

 

The key here is company policy.

The company policy states you are attending the truck at the facility loading and unloading, then you have a problem.

From the fmcsa

1. (1) If a driver spends time waiting to be loaded or unloaded resting or conducting personal business, can the driver log it as off duty?
2. The changes to the definition do not alter the existing parts of the definition that define, as on duty, “(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.” Unless a driver is released from all responsibility for the vehicle while waiting to be loaded or unloaded, time spent waiting is still considered on-duty time. [SIZE=-2]Revised on February 13, 2012.[/SIZE]

 

That's correct, I had to carry a card from the company that I worked for that released me from all responsibility at the docks....

 

I guess your 'safety manager' missed this rule change over a year ago.



[TABLE="class: TableFMCSA1, align: center"]
[TR]
[TH="class: LeftTableHeadFMCSA, align: center"]PROVISION[/TH]
[TH="class: LeftTableHeadFMCSA, align: center"]PRIOR RULE[/TH]
[TH="class: LeftTableHeadFMCSA, align: center"]FINAL RULE - COMPLIANCE DATE FEBRUARY 27, 2012[/TH]
[/TR]
[TR]
[TH="class: MiddleTDFMCSA1"] On-duty time [/TH]
[TD="class: MiddleTDFMCSA1"] Includes any time in CMV except sleeper berth.[/TD]
[TD="class: MiddleTDFMCSA1"] Does not include any time resting in a parked vehicle (also applies to passenger carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper berth.
[/TD]
[/TR]
[/TABLE]

http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm