DOT protected lunch/breaks?
#11
05-24-2007, 02:12 PM
Senior Board Member
Join Date: Oct 2005
Location: Pulling a Tanker for Superior Carriers!!
Posts: 3,000
Our release to log off duty is contained in our Drivers Manual that we carry in the truck..... 8)
At CFI its the back page of the logbook.......
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#12
05-24-2007, 02:25 PM
Originally Posted by Skywalker
Our release to log off duty is contained in our Drivers Manual that we carry in the truck..... 8)
At CFI its the back page of the logbook.......  Hey have a safe and fun weekend if you get home. If you are on the road watch out for those crazy drunk drivers :roll:
#13
05-24-2007, 06:59 PM
Re: DOT protected lunch/breaks?
Originally Posted by Dawn
Originally Posted by Rev.Vassago
Originally Posted by Dawn
If you have permission from your company to do this. If you don't you should be logging the "sammich" on line 4 time. The company can send give you permission via qualcom or in writting instead of a pre-printed card. To the benfiet of the company & driver it is much easier to have a pre-printed card. Canada regulations do require this (if US driver going into Canada) they will give you a ticket for loggin off duty while under dispatch unless you have this card. USA DOT doesn't "usually" say much, but I do know DOT is getting stricter and writting drivers up for anything they can find wrong with your logs.
Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. (The card will do this for you) 2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 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. (must have been know prior to dispatch, which the card give you permission at any time, Rev: no one said we have to keep it for a certain amount of time) 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. (you must be able to do what you want, laundry, eat, go to your other girlfriends house, ok maybe boyfriends ).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. It is the employer's choice to let you log it on line 4 or off duty. It is up to your employer! Again the employer can make it easier on you NOW IF YOU ARE LADEN Different subject (almost always a different subject): 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. THe card being pre-printed is a great thing to get you out of any situation! If you look at the back of paper work (road test, medical card etc) it is probably written there. If not get it in writting so there is no question in doubt. It definetly is a loop hole many do not know about  .The Canada regs well I am not used to their site yet on looking things up. I do know I have a driver going there all the time (he is a very knowledgable and trustable driver) and he ask them all the questions and lets me know what Canada is looking for Good or bad. I can get proof there. Now I will add most officers will not say anything to you about logging off duty, but as picky as they have been lately be prepared guys/ladies. I lose nothing from any of you getting a ticket (as I have said before) and I sure don't tell you to waste my little fingers :lol: I truly hope you are kidding........
#14
05-25-2007, 08:03 AM
I know the Brown Clowns that I run with some nights do take a lunch break. They log it off duty, as far as I know.
#15
05-25-2007, 01:38 PM
I don't know what planet you are from Rev but if you really want to take the time out of your computer world, maybe you can call around and ask some of these companies that have 300 or more drivers to see if they have a pre-printed card giving drivers full relief of responsibility while under dispatch to go in and eat! I mean what company would not allow you to eat :?: And what company would really want you to have to log that on line 4 :?: :?: It's a win/win for both parties
If you really want facts the quickest I would start with companies that have 1,000 drivers or more! Shoot maybe I will take the time to e-mail a copy of ours, but you still would not believe me :lol:
#16
05-25-2007, 02:18 PM
Originally Posted by Dawn
I don't know what planet you are from Rev but if you really want to take the time out of your computer world, maybe you can call around and ask some of these companies that have 300 or more drivers to see if they have a pre-printed card giving drivers full relief of responsibility while under dispatch to go in and eat! I mean what company would not allow you to eat :?: And what company would really want you to have to log that on line 4 :?: :?: It's a win/win for both parties
If you really want facts the quickest I would start with companies that have 1,000 drivers or more! Shoot maybe I will take the time to e-mail a copy of ours, but you still would not believe me :lol: WTF did I say? All I said was "back it up with regs", because you never seem to do that. I already know the regs. :roll:
#17
05-25-2007, 02:40 PM
Originally Posted by Rev.Vassago
Originally Posted by Dawn
I don't know what planet you are from Rev but if you really want to take the time out of your computer world, maybe you can call around and ask some of these companies that have 300 or more drivers to see if they have a pre-printed card giving drivers full relief of responsibility while under dispatch to go in and eat! I mean what company would not allow you to eat :?: And what company would really want you to have to log that on line 4 :?: :?: It's a win/win for both parties
If you really want facts the quickest I would start with companies that have 1,000 drivers or more! Shoot maybe I will take the time to e-mail a copy of ours, but you still would not believe me :lol: WTF did I say? All I said was "back it up with regs", because you never seem to do that. I already know the regs. :roll:
#18
05-25-2007, 02:44 PM
Re: DOT protected lunch/breaks?
Originally Posted by BigDiesel
Originally Posted by Dawn
Originally Posted by Rev.Vassago
Originally Posted by Dawn
If you have permission from your company to do this. If you don't you should be logging the "sammich" on line 4 time. The company can send give you permission via qualcom or in writting instead of a pre-printed card. To the benfiet of the company & driver it is much easier to have a pre-printed card. Canada regulations do require this (if US driver going into Canada) they will give you a ticket for loggin off duty while under dispatch unless you have this card. USA DOT doesn't "usually" say much, but I do know DOT is getting stricter and writting drivers up for anything they can find wrong with your logs.
Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. (The card will do this for you) 2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 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. (must have been know prior to dispatch, which the card give you permission at any time, Rev: no one said we have to keep it for a certain amount of time) 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. (you must be able to do what you want, laundry, eat, go to your other girlfriends house, ok maybe boyfriends ).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. It is the employer's choice to let you log it on line 4 or off duty. It is up to your employer! Again the employer can make it easier on you NOW IF YOU ARE LADEN Different subject (almost always a different subject): 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. THe card being pre-printed is a great thing to get you out of any situation! If you look at the back of paper work (road test, medical card etc) it is probably written there. If not get it in writting so there is no question in doubt. It definetly is a loop hole many do not know about .The Canada regs well I am not used to their site yet on looking things up. I do know I have a driver going there all the time (he is a very knowledgable and trustable driver) and he ask them all the questions and lets me know what Canada is looking for Good or bad. I can get proof there. Now I will add most officers will not say anything to you about logging off duty, but as picky as they have been lately be prepared guys/ladies. I lose nothing from any of you getting a ticket (as I have said before) and I sure don't tell you to waste my little fingers :lol: I truly hope you are kidding........ Now if the company gives a driver that card, I would only hope the company has some other document stating they are responsible for making sure it is secure at all times etc. Because if they don't and they give you the card and something happens during your break, well it is not your fault in the court of law. On the other hand if you are on break and relieved of all duty status and you break your foot, couldnt the company refuse the claim?? I don't deal with Workmens comp anymore. Just thoughts there not anything I am saying is for sure facts except the meal card thing
#19
05-25-2007, 02:55 PM
i know in washington state since we are being payed by the hour the state mandates that we take a half hour lunch
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#20
05-25-2007, 03:32 PM
Originally Posted by tdriver1959
i know in washington state since we are being payed by the hour the state mandates that we take a half hour lunch
I do know some drivers was saying they took 1 hour off to save on the 70 hr and was getting paid 9 hours a day. That is going to stop 
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