When loading or unloading, off or on duty

Why not post the rest of the paragraph?
Oh wait, it proves you wrong so it's not there. Here, I'll do it for you.
On Duty 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:

So, one can easily be at a receiver and be relieved from work. Heck, even though it's not required, I've been given a wallet card or page in the permit book from every company I've ever worked for that relives me from work if I'm not actively assisting in loading/unloading.

 

You didn't put everything. If am in readiness to operate the vehicle at a shipper, then I am on duty. If my company relieves me, then I have to be in a position where I don't have to be ready to move the truck from one door to another, or to a warehouse a mile away to get freight, or waiting for the light to turn green etc.

Company wallet cards aren't part of the regulations.

If I am at a shipper and there is a gym across the street. My company relieves me from duty, but shipper won't let me leave to work out, then I am on duty. If I cant leave their property, I am on duty.

 

Then please, tell me what regulation I didn't put in that doesn't allow one to go off duty at a receiver.

 

If you have been "relieved from duty" and ask the shipper/receiver if you can go to the diner and get a bite to eat and they say no you can't leave the property, then you have not really been relieved from duty. If you have been "relieved from duty" and are asked to back in to or pull a truck from a dock and do it then you were not really relieved from duty. It was just an illusion carriers use to make us think we are not slaves.

 

There is guidance, and I'm on my phone so can't find it, that specifically says being able to leave or not does not mean one has to be on duty.
Plus even if you can't leave you can always go in the sleeper berth and if you are there it's log falsification to put any other status.

So again, where in the regulations does it say you have to be on duty based on your location?

 

At the beginning of 395 it says Authority and then it lists the laws passed by Congress that give the Secretary Of Transportation or his designee the authority to write regulations pursuant to those laws. Does "guidance" list laws it was written pursuant to?

I can point to the law to protect myself from my motor carrier when they tell me "just log that you are in your sleeper berth" when I am in readiness to drive the truck and should be on duty. I did it just yesterday.

The green JJ Keller is copyrighted so no pictures necessary.

 

And yet, you haven't been able to, so I'm done with someone that can't back up their claims.

 

49 U.S.C 504, 31133,31136,31137,31502

395.2 (5) I am not going to log that I am in the sleeper berth if I have to be in readiness to operate the commercial motor vehicle.

 

"So again, where in the regulations does it say you have to be on duty based on your location?"

395.2 (7) When my location is a a drug testing site.

395.2 (5) when my location is at a shipper or receiver unloading, attending a vehicle being unloaded, remaining in readiness to operate the vehicle, picking up the BOL at the shipping office

395.2 (1) locations you asked for are at a plant, terminal, facility or other property of a motor carrier or shipper, or on any public property unless I have been relieved from duty by the motor.
carrier.

Those are locations the regulations list.

 

Here’s a link from JJ Keller. It does indeed mention being free to leave the premises in order to qualify as off duty. News to me. If you back in at a consignee and the operator tells you to take a nap and he’ll wake you up when he’s done, why on earth would that be considered on duty? That’s the government for you though.

Edit - Upon further review I don’t see why logging SB would be an issue based on section 2. Honestly I wish they would do away with SB/Off duty and just make it off duty. It’s redundant and unnecessary imo.

https://cdn.jjkeller.com/wcsstore/CVCatalogAssetStore/samples/48553/48553_on-duty-or-off.pdf