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Thread: Is OFF DUTY equal to OFF RESPONSIBILITY

  1. #21
    drippy is offline Rookie drippy is an unknown poster at this point.  Don't let him/her around power tools just yet.
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    Quote Originally Posted by ssoutlaw
    Quote Originally Posted by drippy
    I agree...'nuff said.

    No not enough said! Quit letting your kid SMOKE....lol
    I thought I had a lit one somewhere......
    "But Can You Shake and Move Like This?....."

  2. #22
    ssoutlaw's Avatar
    ssoutlaw is offline Senior Board Member ssoutlaw is on the right path.  You could probably safely loan them a quarter.
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    Quote Originally Posted by drippy
    Quote Originally Posted by ssoutlaw
    Quote Originally Posted by drippy
    I agree...'nuff said.

    No not enough said! Quit letting your kid SMOKE....lol
    I thought I had a lit one somewhere......
    That's contributing to the delinquency of a Minor, you should be ashamed...lol

  3. #23
    mbadriver is offline Board Regular mbadriver is an unknown poster at this point.  Don't let him/her around power tools just yet.
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    Quote Originally Posted by Uturn2001
    Check the employment laws of the state this company is based out of. In many states it is totally illegal to hold employees responsible for losses and to withold wages, unless you agree to it in writing at the time, to reimburse the company for those losses, regardless of what you may have signed during orientation.
    Deducting from an employee's paycheck is a big no no.
    "He knew who I was, at that time, because I had a reputation as a writer. I knew he was part of the Bush dynasty. But he was nothing, he offered nothing, and he promised nothing. He had no humor. He was insignificant in every way and consequently I didn't pay much attention to him. But when he passed out in my bathtub, then I noticed him. I'd been in another room, talking to the bright people. I had to have him taken away." -on meeting George W Bush at Thompson's Super Bowl party in Houston in 1974

    Buy the ticket. Take the ride.

  4. #24
    Fredog's Avatar
    Fredog is offline Senior Board Member Fredog is a trusted source of information and would probably pick up your dry cleaning. Fredog is a trusted source of information and would probably pick up your dry cleaning.
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    (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

  5. #25
    BIG JEEP on 44's is offline Senior Board Member BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street.
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    Quote Originally Posted by Part Time Dweller
    Glad hand locks? You are joking, right?

    A crescent wrench and 30 seconds will have the glad hand with your lock attached removed and another one screwed in its place.

    The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

    He he yep...I've done that a few times when I was in laredo at the Werner terminal ,and drivers would put their locks on the glad hands to "save " themselves an empty while they camped at the Pilot ...only to come back and find their glad hands removed/swapped to a red tagged trailer .

  6. #26
    BIG JEEP on 44's is offline Senior Board Member BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street.
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    Quote Originally Posted by Part Time Dweller
    Glad hand locks? You are joking, right?

    A crescent wrench and 30 seconds will have the glad hand with your lock attached removed and another one screwed in its place.

    The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

    .

  7. #27
    headborg is offline Senior Board Member headborg is on the right path.  You could probably safely loan them a quarter.
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    Quote Originally Posted by BIG JEEP on 44's
    Quote Originally Posted by Part Time Dweller
    Glad hand locks? You are joking, right?

    A crescent wrench and 30 seconds will have the glad hand with your lock attached removed and another one screwed in its place.

    The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

    .
    I don't know-- I kinda like the glad hand locks myself--- most thieves are too lazy to "work" a crescent wrench- and don't carry spare glad hands with them. And sure wouldn't hang around to repair the lines(if they broke them- while knocking off the lock) The enforcer kingpin lock-- is real easy to drill out the cam lock- then pry out the drawer lock and remove.
    Same goes for those dash mounted air valve locks--- like you said-- just have 2 of the plastic valve covers(.99cent?? available inside the T/A shop)-- sure you might crack the plastic dash prying off the lock--but still- 5 minutes or less and you're down the road in a slightly damaged tractor.

  8. #28
    chuck3507 is offline Member chuck3507 is an unknown poster at this point.  Don't let him/her around power tools just yet.
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    In my opinion, yes off duty means that you have no responsibility to the truck. However, before going off duty you were on duty and had the responsibilty of parking the truck in a secure and legal place. If you slipped while climbing out of the truck while on an off duty restart would you tell the company they were not responsible for the medical bills?
    Hammer Down!!!!!

  9. #29
    ChikinTrucka is offline Member ChikinTrucka is an unknown poster at this point.  Don't let him/her around power tools just yet.
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    Quote Originally Posted by Fredog
    (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

    The law in Maine, and I thought it was federal, is that you "MUST HAVE IN WRITING, PERMISSION TO LOG OFF DUTY" while on the road. The only time I am not responsible for my load, is when I drop the trailer at the terminal and give them the paperwork. If you log "OFF DUTY" anyplace other than when you are at home, you must either put your rig into an authorized secure lot with surveillance, or have documentation from your employer that specifically states that you are not responsible for the load, or even an empty truck, when logging off duty. Without this documentation, you are still in "readiness for work" and under "any responsibility for performing work"
    At least that is how I interpret the law.
    It ain't what you haul, It's how you haul it!
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  10. #30
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    Fredog is offline Senior Board Member Fredog is a trusted source of information and would probably pick up your dry cleaning. Fredog is a trusted source of information and would probably pick up your dry cleaning.
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    Quote Originally Posted by ChikinTrucka
    Quote Originally Posted by Fredog
    (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

    The law in Maine, and I thought it was federal, is that you "MUST HAVE IN WRITING, PERMISSION TO LOG OFF DUTY" while on the road. The only time I am not responsible for my load, is when I drop the trailer at the terminal and give them the paperwork. If you log "OFF DUTY" anyplace other than when you are at home, you must either put your rig into an authorized secure lot with surveillance, or have documentation from your employer that specifically states that you are not responsible for the load, or even an empty truck, when logging off duty. Without this documentation, you are still in "readiness for work" and under "any responsibility for performing work"
    At least that is how I interpret the law.
    pretty clear

    (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

  11. #31
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    Quote Originally Posted by ChikinTrucka
    Quote Originally Posted by Fredog
    (h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

    The law in Maine, and I thought it was federal, is that you "MUST HAVE IN WRITING, PERMISSION TO LOG OFF DUTY" while on the road. The only time I am not responsible for my load, is when I drop the trailer at the terminal and give them the paperwork. If you log "OFF DUTY" anyplace other than when you are at home, you must either put your rig into an authorized secure lot with surveillance, or have documentation from your employer that specifically states that you are not responsible for the load, or even an empty truck, when logging off duty. Without this documentation, you are still in "readiness for work" and under "any responsibility for performing work"
    At least that is how I interpret the law.
    What you are missing here (and in the regs,) are the words "en route."

    ALL drivers are required to take 10 hours "off duty" per "work cycle" or "shift" or before "driving again," however you want to say it. During this time, you CANNOT be considered "in readiness to work." You MAY, however, still bear some "responsibility" for the security of the load/equipment, but not to a degree that would require you to be "on duty/not driving."

    The "Written Permission" you refer to, is for the purpose of logging short breaks, taken during or throughout your daily "work cycle" or 14 hour "driving window" as OFF DUTY (on line 1) as opposed to logging it on line 4 or line 2.

    BOTH lines 2 and 4 could be considered to still leave you "responsible" for the equipment, whereas..... logging line 1 REQUIRES that you be "free to leave the premises, and pursue activities of your own choosing."

    During ANY "required" 10 hour OFF DUTY break, you are free to do as you please (unless hazmat) and the "permission" is per FMCSA direction. The written permission by your employer, is required to log "other" breaks "en route" (during your work day) on line 1.
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