New & Old Drivers....this book is a must have!!
#12
04-11-2007, 02:27 PM
Originally Posted by ColdFrostyMug
Originally Posted by Colin
And your comment in bold? Nice. Not even an emoticon behind it? Get bent.
#13
04-12-2007, 02:46 AM
Join Date: Oct 2005
Location: Pulling a Tanker for Superior Carriers!!
Posts: 3,000
I think maybe all sides of an argument have validity....and it behooves all people in this industry to become aware of the pluses and minuses of the industry.....
But I didn't start this thread for the benefit of an argument.... it was to give everyone a resource for information that could save one's butt in a jam, or prevent the un-necessary parting with ones income. 8)
__________________
Forrest Gump was right....and some people literally strive to prove it.....everyday. Strive not to be one of "them".... And "lemmings" are a dime a dozen! Remember: The "truth WILL set you free"! If it doesn't "set you free"....."it will trap you in the cesspool of your own design". They lost my original "avatar"....oh well.  
#14
04-12-2007, 02:51 AM
Join Date: Oct 2005
Location: Pulling a Tanker for Superior Carriers!!
Posts: 3,000
Best thing I've found for HOS is Driver's Daily Log. I've been through many inspections and have never had a problem with D.O.T. Most of the time when I show them my logbook they didn't even turn the page.
For instance....does DDL give you proof positive that you can operate a "tractor" while "off duty" and log it as such, and in such a manner that will stand up in court? This is the type of information that is provided in the book I have referenced above..... 8)
__________________
Forrest Gump was right....and some people literally strive to prove it.....everyday. Strive not to be one of "them".... And "lemmings" are a dime a dozen! Remember: The "truth WILL set you free"! If it doesn't "set you free"....."it will trap you in the cesspool of your own design". They lost my original "avatar"....oh well.
#15
04-12-2007, 08:36 AM
Originally Posted by Skywalker
Best thing I've found for HOS is Driver's Daily Log. I've been through many inspections and have never had a problem with D.O.T. Most of the time when I show them my logbook they didn't even turn the page.
For instance....does DDL give you proof positive that you can operate a "tractor" while "off duty" and log it as such, and in such a manner that will stand up in court? This is the type of information that is provided in the book I have referenced above..... 8) I don't have a problem with people reading all they can on the topic of HOS. However, very few people have total recall of the material they read. A program such as DDL will show you when you are in violation or getting close. That is the main reason I recommend the program. kc0iv
#16
04-12-2007, 02:29 PM
Join Date: Oct 2005
Location: Pulling a Tanker for Superior Carriers!!
Posts: 3,000
To my knowledge the use of using a tractor while being off-duty has never been tested in court.
And if I am correct the information the book you reference is only an assumption on what the writer understands the rules says.
The same thing can be said for DDL. As the rev pointed out a week or so ago the rules is silent. I have only found it in their guidance and it is very vague. Such things as how far a driver can travel is not addressed. Nor does it address can an empty trailer be attached and still be logged as off-duty.
I don't have a problem with people reading all they can on the topic of HOS. However, very few people have total recall of the material they read. A program such as DDL will show you when you are in violation or getting close. That is the main reason I recommend the program.
8) I think that Drivers, both new and experienced need to have and use every tool and resource at hand to protect themselves and their incomes.
__________________
Forrest Gump was right....and some people literally strive to prove it.....everyday. Strive not to be one of "them".... And "lemmings" are a dime a dozen! Remember: The "truth WILL set you free"! If it doesn't "set you free"....."it will trap you in the cesspool of your own design". They lost my original "avatar"....oh well.
#17
04-13-2007, 03:40 AM
Originally Posted by Skywalker
To my knowledge the use of using a tractor while being off-duty has never been tested in court.
And if I am correct the information the book you reference is only an assumption on what the writer understands the rules says.
The same thing can be said for DDL. As the rev pointed out a week or so ago the rules is silent. I have only found it in their guidance and it is very vague. Such things as how far a driver can travel is not addressed. Nor does it address can an empty trailer be attached and still be logged as off-duty.
I don't have a problem with people reading all they can on the topic of HOS. However, very few people have total recall of the material they read. A program such as DDL will show you when you are in violation or getting close. That is the main reason I recommend the program.
8) I think that Drivers, both new and experienced need to have and use every tool and resource at hand to protect themselves and their incomes.
No sir. The source of the "guidance" is the federal government. Thus the guidance is what the States DOT's rely on.
The answer is pretty simple actually. Distance is relative, and common sense applies. Plus you cannot be under dispatch, and pulling a trailer is not permitted....as the rule addresses only the use of a tractor.
Reading the guidance http://www.fmcsa.dot.gov/rules-regul...§ion=390.5 Question 5.
Question 5: A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?
Guidance: If the driver is operating a CMV at the direction of the motor carrier, it is considered interstate commerce and is subject to the FMCSRs. If the motor carrier is allowing the driver to use the vehicle for private personal transportation, such transportation is not subject to the FMCSRs. I believe you ( or the author) have also misunderstood the guidance on what it says about the use of a CMV. Quoting the FMCSR: Question 26.
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 driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's 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 driver's home, from the driver's 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 carrier's 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. I guess I will have to get the book and see just what it has to say. Not that it concerns me since I am now retired. It has been an interesting discussion. kc0iv
#18
04-13-2007, 02:21 PM
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her
#19
04-14-2007, 01:57 PM
Join Date: Oct 2005
Location: Pulling a Tanker for Superior Carriers!!
Posts: 3,000
Originally Posted by kc0iv
Originally Posted by "Skywalker'}
No sir. The source of the "guidance" is the federal government. Thus the guidance is what the States DOT's rely on.
The answer is pretty simple actually. Distance is relative, and common sense applies. Plus you cannot be under dispatch, and pulling a trailer is not permitted....as the rule addresses only the use of a tractor.
Reading the guidance http://www.fmcsa.dot.gov/rules-regul...§ion=390.5 Question 5.
Question 5: A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?
Guidance: If the driver is operating a CMV at the direction of the motor carrier, it is considered interstate commerce and is subject to the FMCSRs. If the motor carrier is allowing the driver to use the vehicle for private personal transportation, such transportation is not subject to the FMCSRs. A CMV is defined as any vehicle used for commercial use. See: http://www.fmcsa.dot.gov/rules-regul...3.5#49CFR383.5 As you can see you can cross state lines and NOT be subject the FMCSRs. I believe you ( or the author) have also misunderstood the guidance on what it says about the use of a CMV. Quoting the FMCSR: Question 26.
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 driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's 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 driver's home, from the driver's 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 carrier's 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. I guess I will have to get the book and see just what it has to say. Not that it concerns me since I am now retired. It has been an interesting discussion. kc0iv 
__________________
Forrest Gump was right....and some people literally strive to prove it.....everyday. Strive not to be one of "them".... And "lemmings" are a dime a dozen! Remember: The "truth WILL set you free"! If it doesn't "set you free"....."it will trap you in the cesspool of your own design". They lost my original "avatar"....oh well.
#20
04-14-2007, 02:06 PM
Join Date: Oct 2005
Location: Pulling a Tanker for Superior Carriers!!
Posts: 3,000
Originally Posted by silvan
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her
Its spelled out right here....as kc0iv posted it: 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 driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's 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 driver's home, from the driver's 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 carrier's 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. You just have to be sure that the applicable conditions are met. You may be able to use one of the links he posted to print down the information....and its also contained in the book that I referenced at the beginning of this thread. 8)
__________________
Forrest Gump was right....and some people literally strive to prove it.....everyday. Strive not to be one of "them".... And "lemmings" are a dime a dozen! Remember: The "truth WILL set you free"! If it doesn't "set you free"....."it will trap you in the cesspool of your own design". They lost my original "avatar"....oh well.
|
