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6) I never said they was required (as explained in the other post) I said if your company does not give you that card then meal stops are supposed to be loggen on-duty! again I will find that one.
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You certainly did say they were required:
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Originally Posted by Dawn
2 people have now told you that the company has to give you a card to allow you to log off duty while in transit with a load, so why can't you BELIEVE IT!
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Originally Posted by Dawn
To be off duty while under a load you must have the card to ALLOW YOU to go off duty for meal breaks personal use.
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The only time you are required to be ON DUTY (not driving) while on a meal stop is if you are hauling HAZMAT. Here is the FMCSA interpretation that pertains to it:
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Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the CMV is laden with HM and the CMV is parked in a truck stop parking lot?
Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with §397.5 of the FMCSRs.
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Any other time, you are not required to do so. There is no "card" that you are required to have. Here is the FMCSA interpretation regarding meal stops:
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Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?
Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.
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And as far as getting written permission, there is no requirement to keep written permission in the truck, or even at the Motor Carrier. In fact, it says specifically that you don't need to keep written permission to go off duty when not performing a task. Here is the FMCSA interpretation that relates to it:
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Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?
3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.
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