[NHHunter]

I am a part time driver, rest of the time I am in the shop. Does my shop hours count as onduty not driving? If I am over my 60hrs, can I work OT in the shop?(I just cannot drive, right?)

[YoungZ.W.]

Your company may have a policy as to how to log it but I would log it as off duty.

[Ridge Runner]

Originally Posted by NHHunter

I am a part time driver, rest of the time I am in the shop. Does my shop hours count as onduty not driving? If I am over my 60hrs, can I work OT in the shop?(I just cannot drive, right?)

Yes, your shop hours ( or ANY hours you work for pay regardless of who it is for ) must be counted as on duty not driving.

Yes you can work all you want to over 60 hrs. it just can't be behind the wheel. Don't forget, you must take a 24hr break before you can drive again. That could only leave you one day to work in the shop.

[YoungZ.W.]

Ridge-Why are the shop hours counted as on duty? I haven't actually done a logbook yet but at the school the impression I got was that as long as your not driving, loading, unloading, or in the sleeper than I would be logged as off duty.

[thebaldeagle655]

I agree with Ridge Runner, all work time, reguardless of whether it is with your principle employer or part time for burger king is by law required to be logged as working. After your 60 hour (assuming you are 7 day/60 hour) you must have a 34 hour reset prior to driving again. This could really screw a person up around Christmas time trying to earn a little extra cash!!


The regulations do not have in any shape form or fashion any restriction on the number of hours you can work, just that you can only drive 11 hours in a 14 hour period and that you can only drive during the first 60 hours of a 7 day period or 70 hours of an 8 day period.

[Ridge Runner]

I guess I should have added that the 24 hr break was for local drivers that follow ALL the rules that allow them to be exempt form logging.

The school is teaching you the basics to pass a CDL test. They also gear most of the teaching to the basics for OTR drivers. Not too many OTR drivers have a part-time job. If the school tried to teach all the different rules for all the different type driving jobs it would add weeks to the school.


Where I work we have OTR drivers ( enough said )

We have local drivers that are exempt from logging.

We also have a few local drivers that are required to log but are back to the base every day. ( They go beyond the 150 mi. limit )

Each one has a different set of rules as to breaks, logging, and HOS hours.

What kind of driving are you going to do?

A final note: ALL work must be reported as ON DUTY NOT DRIVING. The reason being; How safe would someone be behind the wheel after working all night then trying to drive all day?

[kc0iv]

Originally Posted by NHHunter

I am a part time driver, rest of the time I am in the shop. Does my shop hours count as onduty not driving? If I am over my 60hrs, can I work OT in the shop?(I just cannot drive, right?)

As you can see from the following -- "Performing any other work in the capacity, employ, or service of a motor carrier; and Performing any compensated work for a person who is not a motor carrier." requires a logbook be used.

You can work as many hours as you want. However, you must have at least a 10 hour break before you can drive again.

If you are talking about the 60 hour limit set for a 6 day operation you are correct. You can work all the OT you want. You just can not drive until you have taken at least 10 hours off.

A word of caution. Before you can drive again even after having taken a 10 hour break you must have recovered time from a previous driving period. Here is an example:

You started driving on Tuesday
You reached your 60 hour limit on Friday.
You could still work in the shop. You would be required to end your shop time no later than 1400 on Monday to be able to drive on Tuesday.
You will not be able to drive until after midnight on Monday. At which time you would recover the time spent driving on Tuesday.

Here are some of the rules.

§395.8 Driver's record of duty status.

(a)(1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24 hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. The previously approved format of the Daily Log, Form MCS 59 or the Multi day Log, MCS 139 and 139A, which meets the requirements of this section, may continue to be used.

§395.2 Definitions.

On duty time 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:

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All driving time as defined in the term driving time;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier.

( 8 ) Performing any other work in the capacity, employ, or service of a motor carrier; and

(9) Performing any compensated work for a person who is not a motor carrier.

§395.3 Maximum driving time for property-carrying vehicles.

Subject to the exceptions and exemptions in § 395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:

(a)(1) More than 11 cumulative hours following 10 consecutive hours off duty; or

(a)(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).

(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after-

(b)(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

(b)(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or

(c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

kc0iv

[kc0iv]

(e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
and
(e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty;

(e)(2)(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;

(e)(2)(iii) The driver returns to the normal work reporting location at the end of each duty tour;

(e)(2)(iv) The driver has at least 10 consecutive hours off duty separating each on-duty period;

(e)(2)(v) The driver does not drive more than 11 hours following at least 10 consecutive hours off duty;

(e)(2)(vi) The driver does not drive:

(e)(2)(vi)(A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and

(e)(2)(vi)(B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;

kc0iv

[Uturn2001]

Originally Posted by YoungZ.W.

Ridge-Why are the shop hours counted as on duty? I haven't actually done a logbook yet but at the school the impression I got was that as long as your not driving, loading, unloading, or in the sleeper than I would be logged as off duty.

KcOIV did a great job locating and posting the pertaining regulations.

In short, all work done for compensation counts on your totals for the day/week.

BTW the regs say for compensation, they do not mention that the compensation must be in the form of money. So technically if you help or do something for someone and they buy you lunch that could be considered compensation.

[YoungZ.W.]

Ok, so according to 395.2 in definitons if I was waiting at a reciever to be loaded I would have to count it as on duty unless my company tells me to log it as off duty. Correct?????