The Indiana State Police weighs in. "Effective immediately, all time being loaded or unloaded must be ON DUTY time. We can no longer use it as OFF DUTY time per FMCSR 392.2, 30 minutes breaks will not count at the dock !!! "
What the .... is going on in Indiana ????
The Indiana State Police - "Effective immediately .......
Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Verdel, Jan 8, 2018.
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They're just going to enforce the regs as they are written, as they (and every other state) SHOULD have been doing from the start.
§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.camerabrat and bigguns Thank this. -
I would think section 4 (ii) would supersede 5.
If I’m in the sleeper, I’m logging line 2... at a shipper or not.Oldironfan, double yellow, DSK333 and 4 others Thank this. -
And that's something you can argue with the officer about. Sleeper is NOT the same as off duty, though, so if that is where you are AND YOU WERE RESTING, then you might have a leg to stand on. If you were back there catching up on paperwork, trip planning, or doing other work related tasks then you aren't "resting in the sleeper" as required by (4)(ii) and therefore it could be argued that you should have logged the time on line 4.
double yellow Thanks this. -
The shippers and receivers I go to are all very fast and efficient and have a break room. Plus I'm a "good backer" and don't wast time trying to hit the dock. And I challenge any CMV cop to prove I "falsified" a loading or unloading entry where they were not there. I'm gonna do it the way I've done it for 30 years and never had any problems. You do what you want.
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There is a thread...
Indiana says time at dock must be logged on-duty
And Indiana clarified their statement; basically, nothing changes.Oldironfan, whoopNride, Jazz1 and 1 other person Thank this. -
18 U.S. Code § 1001Oldironfan Thanks this. -
Anything to kill productivity....
Oldironfan, Crude Truckin', DSK333 and 4 others Thank this. -
Oldironfan, Oxbow and Western flyer Thank this.
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