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Thread: Off duty use of commercial vehicle

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    terrylamar is offline Senior Board Member
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    Default Off duty use of commercial vehicle

    I know you can use your truck for off duty travel, can you when the trailer is attached, but is empty?
    Terry L. Davis
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    I'll let golfhobo take this one.

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    terrylamar is offline Senior Board Member
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    Specifically, I delivered and was told to go home. I was not under dispatch, I was relieved of all duties. Home was 170 miles away.

    While at home, I accepted a load and now am dispatched. I have to return to where I had left 170 miles away.

    As I understand the guidance, I didn't have a load from Houston, TX to Austin, TX and I used the Tractor/Trailer for personal use. I don't have to log this driving time.

    Now on the return trip, I am dispatched and I have to log all 170 miles.

    Or I could cheat, assuming nothing happens on the way back, and just say I never left.
    Terry L. Davis
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    Uturn2001 is offline Senior Board Member
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    Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?
    Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driverís home to his/her terminal (normal work reporting location), or from a driverís terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driverís en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driverís home, from the driverís home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrierís CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
    A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.
    Interpretation for Part 395: Hours of service of drivers

    That is the guidance. Take it as you will.


    My view.
    Unless you normally report, physically, to the same terminal or facility every day or most every day you work you can not use a personal conveyance exception when deadheading home. If you were local and went home everyday from your last stop it could be argued that your home is your normal work reporting location, however if you are an OTR/regional driver you really do not have a normal work reporting location.
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    I don't see why that wouldn't apply. If you are empty and not in dispatch, and your home is only 2 and a half hours away. Now as the regs state however if you get a load while at home, you must log it leaving your home however.
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    Quote Originally Posted by matcat View Post
    I don't see why that wouldn't apply. If you are empty and not in dispatch, and your home is only 2 and a half hours away. Now as the regs state however if you get a load while at home, you must log it leaving your home however.
    Please notice the word "terminal" that appears over and over in the guidance.

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    Uturn2001 is offline Senior Board Member
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    Quote Originally Posted by matcat View Post
    I don't see why that wouldn't apply. If you are empty and not in dispatch, and your home is only 2 and a half hours away. Now as the regs state however if you get a load while at home, you must log it leaving your home however.
    It is because of this line:

    When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driverís home to his/her terminal (normal work reporting location), or from a driverís terminal to his/her home , may be considered off-duty
    How can an irregular route OTR or regional driver be said to have a normal work reporting location?

    Beyond whatever way a person wishes to interpret this reg/guideline there is one other factor to consider. What is the trucking company policy on this? I know many companies do not allow, under any circumstances, the use of the truck as a personal conveyance or they do not allow the truck to be driven on anything other than line 3.
    Finding the right trucking company is like finding the right person to marry. I really comes down to finding one whose BS you can put up with and who can put up wih yours.

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    I have listened to several experts including Texas DPS Trooper Monte Dial on the "Road Dog", Sirius trucker channel about this. They all state that "unladen" means bobtail only, no trailer. I personally don't see this at all in the regulation or the interpretation but that is the way DOT interprets it. Also, I have heard some of the so-called experts that state that only owner/operators can take this, others state that anyone can as long as they have an authorization letter from their carrier.
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    Scottt is online now Board Regular
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    If I bobtail from my house to the dealer to get my truck serviced do I have to log it? Why I ask is I was stopped for speeding by a DOT car. He asked to see my logbook.

    He asked to see my cab card and insurance, then he asked to see my log book. I always log it when I bobtail to get my truck worked on then throw away the log when I get home and log the day off duty.

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    Quote Originally Posted by Scottt View Post
    If I bobtail from my house to the dealer to get my truck serviced do I have to log it? Why I ask is I was stopped for speeding by a DOT car. He asked to see my logbook.

    He asked to see my cab card and insurance, then he asked to see my log book. I always log it when I bobtail to get my truck worked on then throw away the log when I get home and log the day off duty.
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    It has always been my understanding, that when a driver is "away from the HOME terminal", his assigned tractor can be used for personal conveyance, as long as there was not a trailer attached.

    That was how it was treated back in the 70's and 80's, and how my last "company" job and my current "lease" position treat(ed) the situation.
    Bobtail the tractor as far as you want "off duty not driving", but if there is a trailer on the unit, loaded or empty, every mile had to be logged.

    Did you ask the TMC log department what their preference is Terry??
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    terrylamar is offline Senior Board Member
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    I am no longer with TMC, I quit about 7 months ago to run a Martial Arts School, which failed and now I am with ATS. I didn't ask. I found my own solution. I am not a company driver. I am a Lease Operator.
    Terry L. Davis
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    Quote Originally Posted by terrylamar View Post
    I am no longer with TMC, I quit about 7 months ago to run a Martial Arts School, which failed and now I am with ATS. I didn't ask. I found my own solution. I am not a company driver. I am a Lease Operator.
    Ouch Terry!!

    Let us know how you do on the lease!

    If you manage to actually end up owning the truck...let us know that as well!

    As for the question you asked......I already told you my experience with that situation.
    Space...............Is disease and danger, wrapped in darkness and silence! :thumbsup: Star Trek2009

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    terrylamar is offline Senior Board Member
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    Yeah, I needed a job and no one was hiring. Going Lease Operator was the fastest way to get a job. I didn't have the magical two years experience, I had only 20 months with TMC.

    I did a lot of research. I couldn't find anything, specifically, bad about the Lease Operator proggram with ATS. It is a truc Lease Program not a Lease Purchase Program, allthough at the end of your lease you are given the opportunity to buy your truck. I already know the cost.

    Basically, I am assuming most of the risk and cost, they do provide a 30 day unconditional warranty and for they rest of the lease do cover the drive train.

    Everyone I have talked to is doing well on their Lease Operator Program. From what I have seen they do not lie and will help you be as sucessful as possible. Most L/O are making more than company drivers.

    Only time will tell. What I can see right now in the short time I have worked here is a greater selection of freight offered and much greater freedom. After all I am paying for the fuel, so I can go an do what I want as long as the bills are paid.

    I learned some good habits at TMC. My idle time was 4.76 and I have learned to nurse every bit of mileage out of my fuel tanks.

    After my lease is up in one year I will decide on whether to take my completion bonus and go elsewhere or lease for another year. By then I will have my magical two years in and will have greater options as a company driver.

    I am liking it so far. To me it is a step toward being an Owner Operator. I am getting some valuable experience without assuming 100% of the risk.
    Terry L. Davis
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    Orangetxguy's Avatar
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    Quote Originally Posted by terrylamar View Post
    Yeah, I needed a job and no one was hiring. Going Lease Operator was the fastest way to get a job. I didn't have the magical two years experience, I had only 20 months with TMC.

    I did a lot of research. I couldn't find anything, specifically, bad about the Lease Operator proggram with ATS. It is a truc Lease Program not a Lease Purchase Program, allthough at the end of your lease you are given the opportunity to buy your truck. I already know the cost.

    Basically, I am assuming most of the risk and cost, they do provide a 30 day unconditional warranty and for they rest of the lease do cover the drive train.

    Everyone I have talked to is doing well on their Lease Operator Program. From what I have seen they do not lie and will help you be as sucessful as possible. Most L/O are making more than company drivers.

    Only time will tell. What I can see right now in the short time I have worked here is a greater selection of freight offered and much greater freedom. After all I am paying for the fuel, so I can go an do what I want as long as the bills are paid.

    I learned some good habits at TMC. My idle time was 4.76 and I have learned to nurse every bit of mileage out of my fuel tanks.

    After my lease is up in one year I will decide on whether to take my completion bonus and go elsewhere or lease for another year. By then I will have my magical two years in and will have greater options as a company driver.

    I am liking it so far. To me it is a step toward being an Owner Operator. I am getting some valuable experience without assuming 100% of the risk.
    Just wish you good luck. Your own work habits will make you or break you.
    Space...............Is disease and danger, wrapped in darkness and silence! :thumbsup: Star Trek2009

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    Quote Originally Posted by Orangetxguy View Post
    Just wish you good luck. Your own work habits will make you or break you.

    Unfortuntely that isn't the reason most lease purchase deals fail.
    "I love college football. It's the only time of year you can walk down the street with a girl in one arm and a blanket in the other, and nobody thinks twice about it." --Duffy Daugherty



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    Quote Originally Posted by mike3fan View Post
    Unfortuntely that isn't the reason most lease purchase deals fail.

    *sigh* Yeah...I know...but I still wish him luck.
    Space...............Is disease and danger, wrapped in darkness and silence! :thumbsup: Star Trek2009

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    Quote Originally Posted by Orangetxguy View Post
    *sigh* Yeah...I know...but I still wish him luck.
    Oh me too, I wish we had more info, but no sense hijacking this thread any farther.
    "I love college football. It's the only time of year you can walk down the street with a girl in one arm and a blanket in the other, and nobody thinks twice about it." --Duffy Daugherty



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    terrylamar is offline Senior Board Member
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    Quote Originally Posted by mike3fan View Post
    Oh me too, I wish we had more info, but no sense hijacking this thread any farther.

    Ahhh, but it is my thread, so you go ahead and post what you will! Actually, I should start a thread in the O/O forum. I can chronical my success or failure.
    Terry L. Davis
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    Quote Originally Posted by terrylamar View Post
    Ahhh, but it is my thread, so you go ahead and post what you will! Actually, I should start a thread in the O/O forum. I can chronical my success or failure.

    I would enjoy it, and it would surely be helpful to others.
    "I love college football. It's the only time of year you can walk down the street with a girl in one arm and a blanket in the other, and nobody thinks twice about it." --Duffy Daugherty



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