Truck Driven by Temporary Driver While in (Sleeper Berth) Reset...

Discussion in 'Questions From New Drivers' started by Jax Graddy, Jul 7, 2020.

  1. REALITY098765

    REALITY098765 Road Train Member

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    I don't believe that is 100% legal.
    Although easy to work around.
     
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  3. REALITY098765

    REALITY098765 Road Train Member

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    The company PU is a commercial vehicle by definition tho.
     
  4. ZVar

    ZVar Road Train Member

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    I would say yes, although I will admit it's not a specific inclusion in the regs. The regs do state the definition of on duty time is "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."
    I would say one isn't relieved from work until the work pickup is back in the yard.
    Now if he took the work pickup home, yes I can see that being off duty.

    That's company policy. No regs limit one to working 70 hours a week. One can work 168 hours a week if they so desire, they just need to take the proper rest (likely a 34 reset) before driving.
     
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  5. Wasted Thyme

    Wasted Thyme Road Train Member

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    Just a question. But wouldn't he be "relieved of work" by the other driver taking over?
     
  6. ZVar

    ZVar Road Train Member

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    A cmv is any vehicle used in commerce with a gvwr of 10 ,000 or more lbs. A bus designed to carry 15 or more people, or any vehicle carrying a placarded amount of hazmat.
    It's a pickup, so not a bus. It's a pickup so unlikely carrying enough hazmat or over 10,000 lbs...
    It's unlikely a random pickup is an actual cmv, even if owned by a company.
     
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  7. REALITY098765

    REALITY098765 Road Train Member

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    In the United States a vehicle is designated "commercial" when it is titled or registered to a company. This is a broad definition, as commercial vehicles may be fleet vehicles, company cars, or other vehicles used for business.
     
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  8. ZVar

    ZVar Road Train Member

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    I would not want to be justifying it during an inspection....
    He is obviously relieved from the semi, but driving the company truck at the direction of the company? I think it would be a hard argument to make.
     
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  9. wis bang

    wis bang Road Train Member

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    Try to make a NJ state Trooper [someone who considers himself on a par with God] that John Smith in a XYZ carriers uniform shirt driving a pickup registered to XYZ carriers 'off duty' at an accident scene....

    and most companies would not have their relief driver bring Mr. Smith his personal vehicle.....
     
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  10. ZVar

    ZVar Road Train Member

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    A cmv has a specific definition from fmcsa....

    Electronic Code of Federal Regulations (eCFR)
    Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

    (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

    (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

    (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

    (4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
     
  11. REALITY098765

    REALITY098765 Road Train Member

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    Broadly defined, a vehicle may be considered a commercial vehicle if it:

    • Belongs to a company or corporation
    • Is used for business, but is in an individual's name, such as a sole proprietor
    • Is a leased vehicle and in the name of the financial institution that owns it
    • Exceeds a certain weight or class and therefore, is "classified" as commercial even though it may not be commercially used or commercially owned. A weight rating of 26,001 pounds or more is always considered commercial[3]
    • Is used to haul any hazardous material
    A vehicle can be used for a business, if not exclusively, and remain privately licensed, depending on the amount of time used for business.
     
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