No, you showed how you can add the words "sleeper berth" to the guidance on a regulation and pretend that it applies. :roll:


Do you have some sort of fascination with changing the size of text and bolding words to the point that things become almost impossible to read? I'm quite curious about this, because you do it often. Randomly bolding a word and inserting your own text does not make a point, and it doesn't make you correct. It only makes you annoying.

 

No I didn't. No I don't. And, No it doesn't.

Do YOU have an obsession with sidestepping an issue when you are proven wrong by attacking my posting style? Is there a REG on here about posting style?

Besides, that question has been asked and answered.

Why don't you try to make yourself relevant by posting something about Reg 398 again, and explain how it applies to those of us who are property carriers? And don't forget to misinterpret it while you're at it.

 

Nope - it's just impossible to read your posts when you choose to make them unreadable.

 

Then don't read them, don't respond, and save yourself the embarrassement. I have no problem reading them. MOST others don't seem to. Maybe, it's just another aspect of your reading and comprehension disability.

You should have that checked.

 

embarrassment


I should hope not - you wrote them.

To you. :lol:

 

:lol: :lol: Yeah, I KNEW something was wrong with that spelling. Couldn't figure it out. Don't use or need spellchecker. Don't really care if I spell one wrong every now and then. :roll:

But, it was embarrass... embarass.... embarras...... well.... it was a BAD choice of words! :lol:

Hey..... take a poll if you want. Just don't stuff the ballot box! I can live with the results! Not saying I'll change. But, I can live with it. :roll:

 

I should hope you don't spell one wrong. It's only three letters.

 

Hey.... if Mackman can get away with ti.... why cna't I??

 

Another one bumped for Stonefly. Or maybe just cuz I'm bored and want to argue some more! :lol2:

 

I don't drink much anymore. I'm 62 years old. My health is still reasonably good, but it's obvious to me that I don't recover from alcohol as quickly as I used to.

I still drink a beer once in a while. Sometimes I'll get a 22 ouncer with my supper three or four nights in a row…binge drinking, I guess.

I like wine. I'm becoming slightly knowledgeable about different wine. I've discovered that Merlot can usually be found that is at least a few years old, and right there on the supermarket shelf. It seems that a few years of aging mellow wine.

I buy a liter of wine about once a month, sometimes once every two months, and sometimes I'll go a year without drinking wine.

One would think that if one likes something, one would buy more of it. The fact is there is another aspect to the matter. Drinking plain water, eating light, nutritious food, and taking long walks, produce feelings of well being that are enjoyable, yet fragile.

As much as I like beer and wine, I have discovered that these things can interfere with feelings of general well being. It's true that when I take the first sip, it's great, and the mellow feeling that gradually creeps in is also great, but when I go to sleep, the after affects of the alcohol prevent me from feeling generally cleaned out by the light food, exercise, and plenty of water.

The trouble is that sometimes after having a few beers or half a liter of decent wine I'll wake up feeling like I got myself out of a rut, or maybe that the beer, or wine, was a tension breaker or something, I don't know.

So, generally speaking, I've gotten away from drinking too much, but I've also come to realize that beer and wine is not so bad for me if I don't drink too much at once. In fact, I think it's good for me.

I would never even put a wine bottle to my lips if I was going to drive. I don't own any vehicles except Freightliners, an "89" hognose and a "93" FLD 120. Both are registered, insured, and ready to go at all times, except when I'm working on them. I do all work on them myself.

If I know that I may have to bobtail for parts, or drive for any reason during the course of the day, I wouldn't touch so much as a sip of alcohol. I wouldn't want to get stopped for a routine check, something the bears do frequently here in Virginia, and have one of them tell me that they smell alcohol on me.

Also, I'm aware that even one beer can slow reaction time considerably. I don't care what is said about alcohol levels in the blood. Any alcohol whatsoever will slow reaction time. That is unacceptable to me. I take an athletic approach to driving. Life or death can be measured in a small fraction of a second. So, for me, alcohol in any amount is out of the question if I'm going to be driving.

I do not recommend anyone to drive a commercial vehicle when they have recently drunk any alcohol. The best description of that behavior that I can think of is reckless, regardless of alcohol levels.

The simple fact is, however, alcohol is a legal substance. It is also true that FMCSA regulations avoid any restriction or guidance with regard to off duty activity.

When I'm on the road, I rarely have much time for anything but driving, resting, or taking meals. Every year I buy fishing licenses for four states, not cheap, and I am lucky if I can find time, and parking for my rig, more than 4 or 5 times a year. That's expensive fishing. There are times when I know that I'm going to be off duty for a while, sometimes a day, or sometimes I'm going to take a 34.

Sometimes I think about a beer and think yeah, that's what I want right now. Sometimes that happens when I'm at a truck stop that sells beer. I go get me a beer and take it back to my truck. Would I do it if I was going to drive? Hell no. Would I do it if it was illegal? Likewise, no.

It is not a federal offense to drink a beer in a commercial vehicle when off duty. As far as locals, counties, or full growns checking it out, truck stops are private property. If the truck stop sells the beer, and the trucker downs that beer while on the property of that truck stop, and he, or she, is off duty, that trucker damn well ought to be left in peace. If that trucker ain't gonna be left in peace, then reputation of the industry be damned, because drinking a beer off duty, before a 10 hour break, doesn't make a bad driver.

On duty time: On duty time includes, among other things, all time in or upon a commercial motor vehicle. However, on duty time ends when a driver has been relieved from work and all responsibility for performing work. There is nothing in the regulations specifically stating that in order for on duty time to end, a driver must refrain from locating himself, or herself, in the cab of a commercial vehicle. The writers of the regulations could have easily and clearly communicated such a directive by changing one word. If the regulations were to be interpreted forbidding drivers to sit in the cab of their commercial vehicles when off duty, the regulatory language would state: On duty time is all time spent in or upon a commercial motor vehicle. There is a significant difference in meaning between the wore is, and the word includes. The word used in the regulations was chosen properly.

The guidance with regard to the conditions necessary for time to be logged off duty is consistent for various situations. Nowhere is it stated that the driver is required to depart the commercial vehicle, or the cab of the commercial vehicle. It is only stated that the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. In order that the latter sentence not be misunderstood, let it be mentioned that to pursue, and to leave, are both infinitives functioning as adjectives modifying the noun, liberty.

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: 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.

"Waiting time" at a terminal, plant, or port may be recorded as off-duty, sleeper berth, or on duty/not driving, depending on specific circumstances.

For "waiting time" to be off-duty, the following off-duty conditions must be met:

1. The driver must be 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.
2. 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.

Nowhere could I find in FMCSA regulations any language stating that when a driver logs off duty he/she is under legal obligation to depart the cab of the commercial vehicle. There is no language in FMCSA regulations stating that an off duty driver may not locate himself/herself in the cab of a commercial motor vehicle.