I was reading the latest issue of The Trucker while I was taking a dump, and I came across an article that I know you would enjoy. Since you don't have a truck that I can duct tape the article to your windshield, I figured I'd be nice and post it verbatim right off the page.

It is a question and answer section regarding the FMCSA rules, and this one was answered by Monty Dial, a Senior Trooper for the Texas Highway Patrol, and an expert* on the FMCSA regulations:

You'll notice that he said "ANY TIME", not "ANY TIME EXCEPT WHEN YOU ARE ON A 10 HOUR BREAK OR A 34 HOUR RESET".

Since you believe that the "spirit" of the regulations (some magical ghost who governs the FMCSA, I assume) says that you can log off duty time while at the controls of the CMV, you will notice that you are once again wrong.


*please note, the term "expert" as used applies to anyone with more knowledge and experience with FMCSA regulations than you have, which pretty much includes everyone.



golfhobo; providing incorrect FMCSA regs interpretation since 2005.

I find it a bit scary Rev that you actually think about Golfhobo while your pants are down...

Hey, it gets lonely out here....

I hope you do not do what neil Diamond does when he is lonely on the road...... :shock:


http://www.jibjab.com/view/99261

How were you logging this particular time? Since you were (unloading) and were involved with the process then it may have been on duty not driving (line 4).

Line 6 - On Duty (stinking up the room)

You know? I've never understood people who like to sit on toilets to do their reading. I usually just sit down, do my business, clean up, and leave. You must be eating WAY too much cheese! [But I do read that particular periodical religiously, including the ask the law section.]

I do not question Trooper Dial's experience. However, I HAVE found an inaccuracy on Ol' Blue in an answer by one of the OTHER participants. And then there are those "experts" at the FMCSA that Rat talked to. But, I am not disagreeing with the answer HERE. As usual, you and I just comprehend the answer differently. (BTW, during a recent roadside inspection by a Texas DOT trooper, he admitted to not understanding ALL of the regs. But that's neither here nor there.)



I noted it, and corrected it to include the term "in operation" which is FOUND in the actual reg for the definition of DRIVING TIME. There was actually a "fight" over this between the FMCSA and several companies, forcing the FMCSA to clarify their intention by adding the words IN OPERATION. However, he DID go on to say that WHEN you are ROD, you can log line 1. He said, in his last sentence that the ONLY time you can log line 1 is when ROD. He did NOT specify that one had to be out of the truck, in the sleeper, or NOT at the controls. And he was ANSWERING a question from a guy talking about being AT the controls of a CMV "in operation."

This is the problem I have found with Ol' Blue. When asked a particular question, they often ONLY answer that person's particular question as opposed to explaining the entire meaning or spirit of the reg. OTHER times, they answer a guy's question by QUOTING the reg and NOT interpreting it in a way to address the specific question. It is a useful site and service. But, I find that it is NOT all encompassing. I have high respect for Trooper Dial, but I accredit NO MAN with being infallible.... not even the POPE. In this VERY quote, Trooper Dial is not completely accurate in his description of "Driving Time" except if you consider that he was addressing his answer to the SPECIFICS of the question.

I believe the recent quote on here was, "Amateurs built the Ark, Experts built the Titanic." Which one sunk?

Another question (probably not a good one for you) do you believe in Creation or Evolution? Darwin was the foremost "expert" in evolution. A bunch of fishermen and laymen were the experts on Christianity.

I'm not questioning Trooper Dial's expertise with the regs. However, he may have a high school education, and failed English Composition the way you obviously did. He certainly was not "complete" in his quoting of the Driving Time reg to this questioner. I WOULD have been.

I KNOW you think you have "gigged" me, but I don't agree. IF you want to discuss it in a rational tone, I will do the same. But, you could start by dropping the insults.... now.

The fact is, there is NO way for a driver at the controls of a CMV in a fuel line to log anything BUT line 1. But, his final sentence said, the only way to show line 1 is to be ROD..... and he gave NO particulars about your personal physical location, AND his entire response was to a guy who was talking about being behind the controls of a CMV.

Go back and re-read the entire Q&A but taking out everything except the original question and the final sentence of his answer. I know you will say this is cheating or misleading.... but, it is actually an accepted method of Composition editing known as "paragraph summation."

Even IF true.... that is 9 years less than YOU have been doing so.

Trooper : Here is a logbook violation.

BigDiesel : No way !!!!

Trooper : Yes way !!!

BigDiesel : But I am following the gospel interpretation of the FMCSA regs by a guy on the internet, and he is never wrong and knows every reg !!!!

Trooper : This so called expert.... does he go by the name Golfhobo with a "b" ?????

BigDiesel : Hell yes !!!!

Trooper : :lol: :lol: :lol: :lol: Here is your logbook violation..... We have heard about this dimwitted so called FMCSA Reg expert. :lol: :lol: :lol: We need your fine payment now.

That statement is absolute, and matches the definition of "On duty" time in the FMCSA regulations. On Duty time includes any time at the controls of a CMV. It says nothing about whether or not you are operating those controls - just that you are at them (the whole "in or upon a CMV except when you are in a sleeper berth" thing).

There are no "spirits" present in the FMCSA regulations, even during Halloween. If the regulations say something, and/or the FMCSA has put guidance for that reg, and/or the courts have provided interpretation of that reg, those three things are absolute until one of those three things changes. You may believe that the authors of the regulation "intended" it to mean something, but until there is legal precedent to support it, that "intention" is irrelevant.

BTW, the way Trooper Dial worded the sentence you added the (sic) line to was correct. The error in typing was mine. So if you want to bash someone's grammar, bash my mistake of putting the word "to" instead of the word "of". :roll:

Now if you'll excuse me, I need to go grab the latest edition of the Pilot magazine and head back to the bathroom to check the coupons. :lol:

What is this lunch break thing we speak about? How can someone take an off duty lunch break and not have it go against their 14 hour day?


What the heck am I doing ont he net anyway, I got equipment to install in my pickup.