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  #1  
Old 05-24-2007, 02:05 AM
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Default DOT protected lunch/breaks?

When I drove line-haul for Conway we were entitled to take two 15 minute breaks and a half hour lunch ( rarely did) a shift , and I was under the impression that was due to a federal regulation mandated the company to allow those break times. I looked through the regulation book and was unable to find anything. Is there such a provision , or was it just a company policy. THANKS
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  #2  
Old 05-24-2007, 02:19 AM
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Company policy .. and a item borrowed from the unions
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Old 05-24-2007, 02:28 AM
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Yep, company policy.

Sadly, truck drivers are exempt from most protections under the federal labor code.
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  #4  
Old 05-24-2007, 02:33 AM
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Join Date: Nov 2006
Location: Indianapolis, In
Posts: 323
Default Re: DOT protected lunch/breaks?

Quote:
Originally Posted by kboomarang
When I drove line-haul for Conway we were entitled to take two 15 minute breaks and a half hour lunch ( rarely did) a shift , and I was under the impression that was due to a federal regulation mandated the company to allow those break times. I looked through the regulation book and was unable to find anything. Is there such a provision , or was it just a company policy. THANKS

I am going to assume here from past experience with 3 companies, but same boss! Anyhow we had a pre-printed. card usually on the back of either the medical or road test card (that is something you must always have on you) that allowed the driver a certain amount of time to log off duty and be relieved of all duties. It usually stated meal breaks, showers etc.
In Canada they are looking for this permission (from USA drivers going into Canada) from the company and the older DOT officers might ask for this permission for you to log off duty at any point while under a dispatch.
If the dispatcher would like to send you a message every time you want to log off duty, that will work. It is much simplier to have a standard card pre-printed to cover you as the driver at any point.

Some companies assume you know the information is on the back of the cards or that you will read it. I usually don't have time to bring this up , but many drivers log it as off duty time anyhow . Unfortunately if the driver doesn't know the information is on the card he/she will not know to tell DOT the company did give me permission
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  #5  
Old 05-24-2007, 03:20 AM
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Join Date: Apr 2007
Location: Long gone from here
Posts: 1
Default Re: DOT protected lunch/breaks?

Quote:
Originally Posted by Dawn
Quote:
Originally Posted by kboomarang
When I drove line-haul for Conway we were entitled to take two 15 minute breaks and a half hour lunch ( rarely did) a shift , and I was under the impression that was due to a federal regulation mandated the company to allow those break times. I looked through the regulation book and was unable to find anything. Is there such a provision , or was it just a company policy. THANKS

I am going to assume here from past experience with 3 companies, but same boss! Anyhow we had a pre-printed. card usually on the back of either the medical or road test card (that is something you must always have on you) that allowed the driver a certain amount of time to log off duty and be relieved of all duties. It usually stated meal breaks, showers etc.
In Canada they are looking for this permission (from USA drivers going into Canada) from the company and the older DOT officers might ask for this permission for you to log off duty at any point while under a dispatch.
If the dispatcher would like to send you a message every time you want to log off duty, that will work. It is much simplier to have a standard card pre-printed to cover you as the driver at any point.

Some companies assume you know the information is on the back of the cards or that you will read it. I usually don't have time to bring this up , but many drivers log it as off duty time anyhow . Unfortunately if the driver doesn't know the information is on the card he/she will not know to tell DOT the company did give me permission
Are you saying it is ok to log off duty ( Line 1 ) for a grilled cheese sammich then log back in to work again ????? :shock:
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  #6  
Old 05-24-2007, 11:34 AM
Senior Board Member
Join Date: Sep 2005
Posts: 2,743
Default Re: DOT protected lunch/breaks?

Quote:
Originally Posted by Dawn
Quote:
Originally Posted by kboomarang
When I drove line-haul for Conway we were entitled to take two 15 minute breaks and a half hour lunch ( rarely did) a shift , and I was under the impression that was due to a federal regulation mandated the company to allow those break times. I looked through the regulation book and was unable to find anything. Is there such a provision , or was it just a company policy. THANKS

I am going to assume here from past experience with 3 companies, but same boss! Anyhow we had a pre-printed. card usually on the back of either the medical or road test card (that is something you must always have on you) that allowed the driver a certain amount of time to log off duty and be relieved of all duties. It usually stated meal breaks, showers etc.
In Canada they are looking for this permission (from USA drivers going into Canada) from the company and the older DOT officers might ask for this permission for you to log off duty at any point while under a dispatch.
If the dispatcher would like to send you a message every time you want to log off duty, that will work. It is much simplier to have a standard card pre-printed to cover you as the driver at any point.

Some companies assume you know the information is on the back of the cards or that you will read it. I usually don't have time to bring this up , but many drivers log it as off duty time anyhow . Unfortunately if the driver doesn't know the information is on the card he/she will not know to tell DOT the company did give me permission
Not the same thing...
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  #7  
Old 05-24-2007, 07:58 PM
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Join Date: Apr 2005
Location: Shoreview, Mn
Posts: 27
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I now work for grocery supply distributor and the majority of the over night routes are set-up pretty tight time-wise, busting butt from log-on to log-off and covering 400 to 500 miles a day. I was thinking it would be nice to be able to kick back relax and eat lunch rather than always doing it on the go. I thought there might be a provision because of the way it was at the last place and they don't give unless they have to, but I suppose they do it to cover their butts in case a driver piles one up hurting or killing someone, they could say he should or could have taken a break. THANKS for the input !
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  #8  
Old 05-25-2007, 01:19 AM
Board Regular
Join Date: Nov 2006
Location: Indianapolis, In
Posts: 323
Default Re: DOT protected lunch/breaks?

Quote:
Originally Posted by BigDiesel
Quote:
Originally Posted by Dawn
Quote:
Originally Posted by kboomarang
When I drove line-haul for Conway we were entitled to take two 15 minute breaks and a half hour lunch ( rarely did) a shift , and I was under the impression that was due to a federal regulation mandated the company to allow those break times. I looked through the regulation book and was unable to find anything. Is there such a provision , or was it just a company policy. THANKS

I am going to assume here from past experience with 3 companies, but same boss! Anyhow we had a pre-printed. card usually on the back of either the medical or road test card (that is something you must always have on you) that allowed the driver a certain amount of time to log off duty and be relieved of all duties. It usually stated meal breaks, showers etc.
In Canada they are looking for this permission (from USA drivers going into Canada) from the company and the older DOT officers might ask for this permission for you to log off duty at any point while under a dispatch.
If the dispatcher would like to send you a message every time you want to log off duty, that will work. It is much simplier to have a standard card pre-printed to cover you as the driver at any point.

Some companies assume you know the information is on the back of the cards or that you will read it. I usually don't have time to bring this up , but many drivers log it as off duty time anyhow . Unfortunately if the driver doesn't know the information is on the card he/she will not know to tell DOT the company did give me permission
Are you saying it is ok to log off duty ( Line 1 ) for a grilled cheese sammich then log back in to work again ????? :shock:
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.
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  #9  
Old 05-25-2007, 01:28 AM
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Posts: 9,411
Default Re: DOT protected lunch/breaks?

Quote:
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.
Back this up with regs.
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  #10  
Old 05-25-2007, 01:46 AM
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Join Date: Nov 2006
Location: Indianapolis, In
Posts: 323
Default Re: DOT protected lunch/breaks?

Quote:
Originally Posted by Rev.Vassago
Quote:
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.
Back this up with regs.
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?

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:
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