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  #31  
Old 04-01-2009, 04:43 AM
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Give it up, Rev. You are starting to sound desperate. The TRUTH is.... straight from the DOT man's mouth to the 20 yr veteran O/O who buttheads with me everyday.... that once you are ROD, and bobtail (or technically unladen,) you can do anything you want with that truck while you are at home.

The compensated/uncompensated thing means that when doing ANY work for your "employer," it should be logged. Apparently, the DOT doesn't consider you a "carrier" or employer when you have relieved yourself (or BEEN relieved) of duty.

If YOU want to bust your reset by logging everything you do with YOUR truck when at home, suit yourself. Might be HARD to find enough time to haul loads and make truck payments that way though!

But, quit letting your stubborness confuse and misinform the people here who are asking serious questions.

Terry: If you are ROD, and EMPTY and not under dispatch, you can log those 170 miles home as off duty. Since it was NOT your "normal reporting location, when you were DISPATCHED from home to go back there to pick up a load... you were ON DUTY even though empty.

Do you have Qualcom? If so, make sure you have an ROD message, and permission to go home on it.
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  #32  
Old 04-01-2009, 08:31 AM
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please explain how you account for the personal miles on your ifta, as every mile has to be accounted for, if you do not log it
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  #33  
Old 04-02-2009, 02:55 AM
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Originally Posted by still bullhauler View Post
please explain how you account for the personal miles on your ifta, as every mile has to be accounted for, if you do not log it
Well, as you surely know.... I'm not an O/O so IFTA reporting has never been my concern. However, even as a company driver, if I was allowed to bobtail off duty to a motel every night, those miles would be accounted for when I turned in my mileage sheet for that trip. We always wrote down the mileage when we crossed a state line, and I'm sure ALL miles driven within that state were reported to IFTA.

It apparently made no difference whether those miles were logged as ON Duty (line 3) or OFF DUTY line 1 while heading for a motel or the local Walmart.

It's an interesting question though, I suppose. Perhaps you should include them in your total miles driven for the day, yet list them in the remarks section as OFF DUTY / personal conveyance. Just a guess.

I suppose I could ask the O/O I butthead with everyday. He obviously drives about 500 miles every weekend OFF DUTY going to and from his home from his terminal. So.... apparently there IS a procedure for it.
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  #34  
Old 04-04-2009, 05:53 PM
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Technically IFTA applies no matter what 'line' you are logging on. They don't match your log book to the miles reported for IFTA! All they care about is that the use of the truck is accurately reported for tax purposes.

One could argue though I suppose that the DOT could use IFTA data in an audit against your log books, so if you are doing long distances on conveyance that could be a problem I guess. But a few miles here and there going to a walmart or what not is not going to be a real big issue.
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  #35  
Old 04-05-2009, 09:21 AM
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Okay, I asked him. He says they USED to put them on different forms, now all on one. He logs the mileage "out" when he heads for home each weekend, and "in" when he returns. About 500 miles EVERY weekend on line 1.

The office people (dispatch) simply "pull" the mileage from his log, and the miles he is NOT recording as being "driven," are reported to IFTA per company requirements.

I don't even know why this is a question. The regs CLEARLY state that an unladen truck may be driven as a personal conveyance. No limit is put on the amount of miles. And ALL time spent driving the truck while OFF DUTY is logged on line 1. It follows then, that all time spent ON the truck while OFF duty are logged/considered as such.

Matcat, you are putting too much emphasis on the "short distance to a motel or walmart" thing. This is an assumption by FMCSA that you are ENROUTE to a final destination, and are staying within a certain undefined radius of WHERE you logged going off duty. They use this wording for COMPANY drivers, because they ASSUME that you are OTR and on a long haul. They further assume that you will return the (company) truck eventually to your terminal and then drive your POV to your home for hometime. However, they clearly state that IF you are taking a company truck HOME for hometime, THAT time/distance is to be logged as off duty.

This all comes back to the topic sentence of the on duty reg. Whatever you do with/on your truck.... or on the premises of your employer.... are subject to whether or not you have been RELIEVED OF DUTY or not (and in SOME cases, whether or not you are under a bill of lading.)
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  #36  
Old 04-05-2009, 12:20 PM
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Originally Posted by golfhobo View Post
They use this wording for COMPANY drivers, because they ASSUME that you are OTR and on a long haul. They further assume that you will return the (company) truck eventually to your terminal and then drive your POV to your home for hometime.
This is one of the dumbest statements you've ever said on this site, golfhobo. The FMCSA makes no distinction between owner operators and company drivers when it comes to the HOS regulations. There is no "assumption" for one that does not apply to the other. You are talking out of your ass, and spreading some serious misinformation.:roll:
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  #37  
Old 04-06-2009, 02:17 AM
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Originally Posted by Rev.Vassago View Post
This is one of the dumbest statements you've ever said on this site, golfhobo. The FMCSA makes no distinction between owner operators and company drivers when it comes to the HOS regulations. There is no "assumption" for one that does not apply to the other. You are talking out of your ass, and spreading some serious misinformation.:roll:

I made no such "assumption," Rev. I don't know WHY the regs sometimes DO make statements about O/O's as compared to company drivers, but they DO!

I don't feel like quoting right now, but the regs DO say, in effect, that a company driver going to a local motel OR an O/O using his truck in an OFF DUTY status, can log line 1 and be "outside the scope" of the alcohol prohibition reg. "I" didn't make that distinction.... THEY did!

I take that as an "assumption" on their part that a company driver is not likely to take his truck home for the weekend. Now... we ALL know that this can happen, but they seem to think - or speak - with a different "assumption."

It seems to ME that they are "assuming" that an O/O might take his truck home for the weekend, whereas... a company driver would ONLY be making a short trip to a motel or such. Can YOU explain WHY they think this is true?

My point to Matcat was that they DO make this "erroneous" assumption, but the regs apply regardless.

If I FELT like it, I could post several examples of how the fmcsr's seem to MAKE such a distinction, while not really making any different rules. On THAT we agree.

And that is my point. IF the regs say an Owner of a truck can do certain things while off duty, then they ALSO say that a company driver can do the same. That is why I told Matcat that he was reading TOO much into the distinction.

THEY didn't say that an O/O going to a motel would be outside the scope. They said a COMPANY driver doing so would be...AND that an O/O who is OFF DUTY could do anything he wanted. WHY did THEY make that distinction?

I contend that it is because they CONSIDER the actions of a company driver to be different than that of an O/O. They are trying....very badly... to "tailor" their interpretations to those whom they are "reaching."

The simple FACT is..... both company drivers (UNLESS they have company rules governing their actions,) AND O/O's who are OFF DUTY, can LOG their driving time as OFF DUTY, AND carry unopened alcohol on the CMV if they want! (as long as they are unladen.)

Rev, this is about the 5th time that you have accused me of making the most STOOPID statement on this board that I have ever made. And EACH time, I have explained myself. WHEN will you learn to say something like.... " I don't quite understand what you are saying, Hobo. Could you clarify that?"

I don't say YOUR statements are STOOPID! And there are no TOS rules against you calling my statements STOOPID. But, there SHOULD be!

I really don't CARE, because I have less respect for you every time you open your mouth here, lately. And that is YOUR doing!

I once welcomed you as a worthy adversary. I'm beginning to believe that the honor was misplaced. And that, TOO, is YOUR doing!

Show me some respect, Rev. That's all I ask. And I will do the same. Attack the POST.... and NOT the POSTER! I heard that somewhere!

I believe I even read it in the TOS as YOU posted them.

Hobo

I'm SURE you will SAY that you were attacking my post and not ME. But, I don't BUY it! I took it as a personal attack. You can HIDE behind the "spirit" of the TOS if you want, but your intentions are clear.
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  #38  
Old 04-06-2009, 02:30 AM
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Originally Posted by golfhobo View Post

I don't feel like quoting right now, but the regs DO say, in effect, that a company driver going to a local motel OR an O/O using his truck in an OFF DUTY status, can log line 1 and be "outside the scope" of the alcohol prohibition reg. "I" didn't make that distinction.... THEY did!
I'd love for you to quote that reg.
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  #39  
Old 04-06-2009, 03:19 AM
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I'd love for you to quote that reg.
I believe it's under 392.4 / guidance.

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Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?


Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.
There ya GO, Rev! A distinction.... clear and simple. They SEEM to distinguish, or at least delineate, between a company driver who, for some reason, MUST be going to a motel, restaurant, OR HOME; AND an O/O who is just using his truck in an "off duty status."

WHY didn't they say the O/O must be going to a motel, restaurant or home?

WHY didn't they say a Company driver using his truck in an "off duty" status?

WHY did they even MAKE such a distinction? I contend that it is due to their "assumptions" of the possible activities of a company driver ENROUTE on an OTR run vs. an O/O doing the same.... or something different.

I AGREE that the regs cover each equally! But, the wording DOES show a distinction that betrays thier "assumptions."

Any MORE stupid questions? :moon::lol2:
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  #40  
Old 04-06-2009, 04:32 AM
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I believe it's under 392.4 / guidance.



There ya GO, Rev! A distinction.... clear and simple. They SEEM to distinguish, or at least delineate, between a company driver who, for some reason, MUST be going to a motel, restaurant, OR HOME; AND an O/O who is just using his truck in an "off duty status."

WHY didn't they say the O/O must be going to a motel, restaurant or home?

WHY didn't they say a Company driver using his truck in an "off duty" status?

WHY did they even MAKE such a distinction? I contend that it is due to their "assumptions" of the possible activities of a company driver ENROUTE on an OTR run vs. an O/O doing the same.... or something different.

I AGREE that the regs cover each equally! But, the wording DOES show a distinction that betrays thier "assumptions."

Any MORE stupid questions? :moon::lol2:
I'm still waiting for you to quote a reg that states it, as you have claimed there is one.
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