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Old 03-24-2009, 03:56 AM
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Default Off duty use of commercial vehicle

I know you can use your truck for off duty travel, can you when the trailer is attached, but is empty?
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Old 03-24-2009, 04:10 AM
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I'll let golfhobo take this one.
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Old 03-24-2009, 04:19 AM
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Specifically, I delivered and was told to go home. I was not under dispatch, I was relieved of all duties. Home was 170 miles away.

While at home, I accepted a load and now am dispatched. I have to return to where I had left 170 miles away.

As I understand the guidance, I didn't have a load from Houston, TX to Austin, TX and I used the Tractor/Trailer for personal use. I don't have to log this driving time.

Now on the return trip, I am dispatched and I have to log all 170 miles.

Or I could cheat, assuming nothing happens on the way back, and just say I never left.
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Old 03-24-2009, 09:04 AM
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Quote:
Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driverís home to his/her terminal (normal work reporting location), or from a driverís terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driverís en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driverís home, from the driverís home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrierís CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.
Interpretation for Part 395: Hours of service of drivers

That is the guidance. Take it as you will.


My view.
Unless you normally report, physically, to the same terminal or facility every day or most every day you work you can not use a personal conveyance exception when deadheading home. If you were local and went home everyday from your last stop it could be argued that your home is your normal work reporting location, however if you are an OTR/regional driver you really do not have a normal work reporting location.
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Old 03-24-2009, 09:11 AM
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I don't see why that wouldn't apply. If you are empty and not in dispatch, and your home is only 2 and a half hours away. Now as the regs state however if you get a load while at home, you must log it leaving your home however.
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Old 03-24-2009, 01:12 PM
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Quote:
Originally Posted by matcat View Post
I don't see why that wouldn't apply. If you are empty and not in dispatch, and your home is only 2 and a half hours away. Now as the regs state however if you get a load while at home, you must log it leaving your home however.
Please notice the word "terminal" that appears over and over in the guidance.
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Old 03-24-2009, 01:13 PM
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Quote:
Originally Posted by matcat View Post
I don't see why that wouldn't apply. If you are empty and not in dispatch, and your home is only 2 and a half hours away. Now as the regs state however if you get a load while at home, you must log it leaving your home however.
It is because of this line:

Quote:
When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driverís home to his/her terminal (normal work reporting location), or from a driverís terminal to his/her home , may be considered off-duty
How can an irregular route OTR or regional driver be said to have a normal work reporting location?

Beyond whatever way a person wishes to interpret this reg/guideline there is one other factor to consider. What is the trucking company policy on this? I know many companies do not allow, under any circumstances, the use of the truck as a personal conveyance or they do not allow the truck to be driven on anything other than line 3.
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Old 03-24-2009, 03:15 PM
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I have listened to several experts including Texas DPS Trooper Monte Dial on the "Road Dog", Sirius trucker channel about this. They all state that "unladen" means bobtail only, no trailer. I personally don't see this at all in the regulation or the interpretation but that is the way DOT interprets it. Also, I have heard some of the so-called experts that state that only owner/operators can take this, others state that anyone can as long as they have an authorization letter from their carrier.
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Old 03-24-2009, 04:24 PM
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If I bobtail from my house to the dealer to get my truck serviced do I have to log it? Why I ask is I was stopped for speeding by a DOT car. He asked to see my logbook.

He asked to see my cab card and insurance, then he asked to see my log book. I always log it when I bobtail to get my truck worked on then throw away the log when I get home and log the day off duty.
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Old 03-24-2009, 05:48 PM
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Quote:
Originally Posted by Scottt View Post
If I bobtail from my house to the dealer to get my truck serviced do I have to log it? Why I ask is I was stopped for speeding by a DOT car. He asked to see my logbook.

He asked to see my cab card and insurance, then he asked to see my log book. I always log it when I bobtail to get my truck worked on then throw away the log when I get home and log the day off duty.
Yes...
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