Is OFF DUTY equal to OFF RESPONSIBILITY
#31
02-22-2008, 06:48 PM
Originally Posted by ChikinTrucka
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. 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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