What duty status are you when you back into a dock?

Discussion in 'Experienced Truckers' Advice' started by Wisc-Badger, Oct 22, 2012.

  1. Wisc-Badger

    Wisc-Badger Light Load Member

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    Believe me, I dont want to interrupt my sleeper berth time at a shipper or consignee.

    There is this in the Federal Motor Carrier Safety Regulations pocketbook, paragraph 395.2 Definitions:

    Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

    Then, under "On duty time", same paragraph (395.2) :

    On duty time shall include:
    (1) ...
    (2) ...
    (3) All driving time as defined in the term driving time;

    ____
    I interpret this to mean, if you're backing into a dock, you are on-duty.

    However, my need to maintain a continuous, uninterrupted sleeper berth status will trump the above requirement.
     
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  3. snowwy

    snowwy Road Train Member

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    you need to paste the full regs.

    they specifically state. ON DUTY all time while on property. wether your loading, unloading, waiting for dispatch.

    can't remember the whole shpeel. but that's basically what it boiled down to. although i don't know how they could make that stick in reality. AND fitting that 10 in.
     
  4. MNdriver

    MNdriver Road Train Member

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    So while you quote only part of it also to mean what YOU want it to mean.


    If your company authorizes it, you can also log dock time as sleeper berth if you are in it.


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

    So if you do it correctly, You get a letter similar to this from your company.
    View attachment 37843
     
  5. Wisc-Badger

    Wisc-Badger Light Load Member

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    Winston Salem, NC
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    You have a very good point, MNdriver. Thanks.
     
  6. MNdriver

    MNdriver Road Train Member

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    There are also provisions made and a similar letter for the driver to be off-duty during the day for 30-60 minutes for a lunch/meal/break.

    That is in the ETA manual on the FMCSA website.
     
  7. CondoCruiser

    CondoCruiser The Legend

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    http://www.fmcsa.dot.gov/rules-regulations/topics/hos/qanda.aspx#q8


    That's besides the point though. There is no designation of where you have to take your break even if it's against a dock. Even loading/unloading and I'm not required to be on the dock, then I'm taking a nap and it's SB.
     
  8. brsims

    brsims Road Train Member

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    Considering how long it can take to get unloaded, you the driver should be using that time as wisely as possible getting rest or doing something that "recharges your batteries" in some way. Once that truck is unloaded, you should be ready to rock on out for your next load. Yes, there are drivers who make use of such time to "run out" their clock so they can remain on their preferred driving/resting schedule (daytime drivers vs. nighttime drivers), but when you are still a rookie making peanuts (if your lucky), new drivers need to be as flexible as possible with their driving schedules. All part of "paying your dues".
     
  9. TruckerPete1990

    TruckerPete1990 Road Train Member

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    Sleeper if i park at a place that im del to in the AM im still in sleeper while getting unloaded. First of all they dont know that i didnt back in lastnight and had my doors open and they just unloaded me. 2nd of all a Company Dont know that. Therefor you can log it as sleeper unless ur there unloading the Truck then its ON DUTY but once again. LEO dont know that I Unloaded my truck Therefor its Sleeper:D
     
  10. Starboyjim

    Starboyjim Road Train Member

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    Our Safety Training Officer says if you're not involved in the offload, you can be off-duty not driving. If you are participating, you have to be on duty not driving. The 14hr clock runs for 14 straight hrs once you push the button, my most difficult clock. I've split my sleep clock a couple of times, but mostly don't. If you take 8hrs in sleeper, move the rig, what happens to the remaining 2 hrs? When does the clock stop?
     
  11. Sly Fox

    Sly Fox Road Train Member

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    If you do the split, your 14-hour clock runs for 14 hours. The 'two hour' doesn't pause or stop the 14 hour clock.

    As for the topic, I park many times at customers and log my break.Here's a scenario:

    You have an 8am appointment. Customer says you can park overnight and we'll come get you when we're ready for you.

    At 9PM you arrive and check in. You go and park, go to sleep. At 4 am, they wake you up and tell you to hit the dock. Now, being a good little trucker, you log Line 1 and hit the dock and go inside to the office. Fifteen minutes later, you're back out in your truck. Five hours later, they come out and tell you there's something wrong with the load (missing product), you spend 20 minutes arguing with them. You go back out to your truck to wait while they get with the shipper to find out the problem with the SLC load not matching the bills. Two hours later, they finally come out and you go in to get your paperwork.

    Now, you've been there 14 hours, and yet you STILL have to log at minimum 8 hours sleeper before being legal to drive. So, at 7pm you can drive the next day.Yeah.

    That will REALLY happen.

    Or, worse, you tell the customer that you can't hit the dock just yet because you don't have your hours. Shipper tells you you're at the back of the pack and are a stand-by /work-in. They start unloading you at 5pm and you're out a few hours later. Meanwhile, to the letter of the law, dealing with the shipper is always Line 4, and you've been there all day and will not be spending another day there.

    All because you can't comprehend how to manage your own sleep and drive time.

    HOS is there to protect the drivers from THEIR COMPANIES. Not from their own common sense.
     
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