Told by DOT that I'm supposed to be on-duty at dock EVEN IN SLEEPER

You are at shipper/reciever for work/ job duties. If you are waiting and watching for the red green light. Sounds like you are attending the truck to me. Even if walk around the parking lot you check every 20 minutes for green light. You are checking for red/green light because you have to be ready to leave.

You cannot leave the property and leave your truck and trailer in the dock for as long as you want. They will make you move because they have another appointment and need the dock. Plus you can’t just park on their property. Most places have signs saying you must leave once empty or loaded. We can’t even take 10 hour break on their property at most places.

The time matters because if they said your truck will be ready in 4 hours. You could walk off property and go to anything you wanted for 4 hours.You could walk around the parking lot 4 hours without checking for red and green light. It’s your 4 hours to do anything want to, so you could log Off-Duty.

We can’t do that because they expect us to be ready to leave when they get trailer loaded or unloaded. We are waiting and ready to work when they finish. We are basically on call waiting to work whenever they need us to leave the dock.

Yes in the past everyone logged it as Off-Duty to save 70 hour clock. Now with ELD’s they know we are there. You could still log Off-Duty. I don’t think it’s a good idea anymore, log Sleeper Berth if want save your time.

 

Sleeper berth isn't on duty time though.

The feds what you on duty if you're on their property.

Easily skirted with vans. Not so much for tankers and flatbedders.

 

DOT man wants us to respect his 'authority'...that's why we see 'chaffed' air lines that are in good condition, etc.

I could sometimes tell that he driver wasn't nice to the DOT man; like the fairly new unit in CT being there for over 1.5 hours and the ONLY violation ' Empty windshield washer'...

 

Can you be on duty if you are asleep in the sleeper birth ??
I think I will do it as I log it or log it as I do it. I think I would explain to the officer I'm sorry I have to log legal.

 

This^^^

Simply say you were asleep. Impossible to be on duty while asleep.

 

"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"

All it takes is a paragraph in the employee manual to satisfy this. If the truck is (or has the ability to be shut off), the brakes are set, the vehicle is secured, and the driver can pursue activities of their own choosing, the driver may log off duty.

You can argue "oh, you can't go to the movies" or "you're having to watch the lights" all you'd like, but it doesn't change the definitions. FMCSA has repeatedly said that short phone calls from the carrier do not interupt a driver's break, so I don't see how glancing in the mirror every now and again would be different. Further, if the driver doesn't see the light change the customer is either going to come knock on the door or do nothing. Either way, the driver isn't required to be sitting in the seat staring at the lights.

You're free to log it as you'd like, and logging more time on duty is 'safer' than trying to conserve time. But if DOT gives me a ticket for this, I'm going to court and I'm going to win.

 

Yep. When I created my company handbook I included this and carry it in my permit book. Have never had to use it though.

 

If some people want to log on duty for all the time at the customer, they are welcome to.
I have had my logs inspected many times. I have never been told I was doing it wrong.

As soon as I hit the dock, chock the wheels, etc, I go off duty.
When the light turns green or they come out with the BOL I go on duty.
Unless I have to be inside watching them load, or counting boxes or something.

If I am sitting and doing nothing, and nothing is expected of me, I am off duty.

 

If I am remembering correctly if the company gives you a letter stating you are not responsible for the loading or unloading is the only time by the book you can go off duty or sleeper berth.now in the real world I think most guys will try to save hours and only show 15 minutes loading and unloading.