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-   Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)
-   -   34 Hour Restart & DOT Regs (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/23696-34-hour-restart-dot-regs.html)

shyykatt 03-16-2007 10:24 PM

Thats fine; then ya'll can have a contest of which of us gals gets all bent out of shape first! :lol: :P (and the winner is......)

On 2nd thought, I suck @ arguing, and don't wanna intentionally make an azz of myself- I'll just let her keep going :lol:

kc0iv 03-17-2007 12:27 AM

Quote:

Originally Posted by shyykatt
Thats fine; then ya'll can have a contest of which of us gals gets all bent out of shape first! :lol: :P (and the winner is......)

On 2nd thought, I suck @ arguing, and don't wanna intentionally make an azz of myself- I'll just let her keep going :lol:

There is a couple of requirements for such a occupation. (1) Must be a redhead. (2) Refuse to accept you don't know everything.

kc0iv

kjax 03-17-2007 12:38 AM

Re: 34 hour restart
 
Quote:

Originally Posted by Rev.Vassago
I wonder how DOT would react to seeing "peeing" on the comment line if you flagged it, though. :lol:

Haven't a clue, but thought about creating a dummy log with that and a few other items to that effect, scanning it, and posting it to this thread. 8)

Rev.Vassago 03-17-2007 01:04 AM

Re: 34 hour restart
 
Quote:

Originally Posted by kjax
Quote:

Originally Posted by Rev.Vassago
I wonder how DOT would react to seeing "peeing" on the comment line if you flagged it, though. :lol:

Haven't a clue, but thought about creating a dummy log with that and a few other items to that effect, scanning it, and posting it to this thread. 8)

:lol: :lol: :lol:

golfhobo 03-17-2007 02:51 PM

Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by Dawn
Yes. If you gain hours @ midnight you have them hours to drive.

That isn't how the HOS runs, Dawn. Way to screw up the regs again. :roll: You don't gain hours at midnight.

Could you enlighten me on this, Rev?? I sure thought that was how it worked. If (as 90% do) your company operates on a midnight to midnight schedule.... just when do YOU say that you gain back your hours?

Of course, you don't gain hours EVERY midnight.... just starting at the end of the 8th day on the road. But, I believe that was understood.

golfhobo 03-17-2007 03:47 PM

Re: 34 hour restart
 
Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by golfhobo
Personally.... I would be MORE interested in the answers given by the 20 DOT officers than I would the "experiences" of the drivers who have never been questioned, however.....

Unfortunately, what many DOT officers "say" and what they "do" are two completely different things. The same applies to drivers.

True but, I'd still rather hear what THEY have to say about it.

Quote:

BEFORE I was enlightened as to the guidance concerning logging a restart in a way that reflected your activities, I used to log all 34 straight in the sleeper. That was how I was shown to do it.

During my first, and only, roadside credentials inspection, the DOT officer noticed the way I logged my "restart," and asked me point blank, "Do you ALWAYS spend (or log) your entire restart in the sleeper?"

Being a rookie, I said, "Well... yeah.... um.... that's the way I was told to do it."

He didn't ticket me for it, NOR mention it on the inspection report. However.... I got the point of his question. I'm pretty sure HE didn't "believe" I spent the whole time in the sleeper!
The reason he didn't hand you a ticket is because he had no way to prove that you didn't spend the entire 34 in the sleeper. You did, however, get his point, which was to log it as you do it, which is what I advocated from the beginning. What Dawn doesn't take into account is that it is absolutely possible to spend 34 straight hours in the sleeper, in which case, it needs to be logged as such. Running out to take a 5 minute bathroom break doesn't require a duty status change from line 2 to line 1. I wonder how DOT would react to seeing "peeing" on the comment line if you flagged it, though. :lol:

:lol: Why bother flaggin it? Just hang it out the window and water the parking lot. Then, you don't even have to show getting out of the truck! :wink:

Quote:

The Rev mentioned that he had logged the same in the same way several times. However... he didn't mention whether those logsheets were inspected by a DOT officer.
Yes.

Quote:

I find nothing wrong with the information and advice that Dawn has given concerning this topic. She acurately quoted the "guidance" that says it should be logged in a way that reflects your actions. Now.... I'm not going to log line 1 EVERY time I get out of the truck! If I spend 34 hours at a truckstop, I will log the majority of daylight hours on line 1, and AT LEAST 8 hours during the night on line 2 using CONSECUTIVE time blocks.
Look at what she said again, and my reply to it, and perhaps you will understand. Absolute answers, such as the one she gave, don't fit every situation, and therefore are wrong. I doubt I am the only CDL holder who is capable of spending 34 consecutive hours in the sleeper berth without getting out of the truck.

I agree about the absolute answers [like "these are the facts." :wink: ] I have addressed that many times while discussing the HOS. However, it IS difficult to show EVERY exception, just as the REGS themselves do, without it getting rather confusing. And personally, there's no way "I" would spend all 34 hrs in the truck!

Quote:

This bickering is getting OLD.
Then stop clicking on the threads. :roll:

Gotta show up to make sure some of y'all don't give out the wrong info! :lol:

Quote:

I was told that, in this case, it would be WISE to have a motel receipt. It has been well documented that, IF you end up in an accident that kills someone, (and I'm not a doomsayer type!) YOU will not be able to prove that you got ANY sleep, and a good lawyer may have you paying for the rest of your life.
Please explain, golfhobo, how a motel receipt proves you obtained sleep. I've found it more difficult to get sleep in a hotel room than my truck (you know, the crappy mattresses and the cable TV and all). A motel receipt provides no more proof than a log book page.

I agree that it is not absolute proof.... nothing except 24 hr video surveillance WOULD be. But, my understanding is that it at least shows the INTENT to get sleep. As you say, even logging 34 in the sleeper doesn't PROVE you got any sleep. But, logging 34 on line 1, without providing a motel receipt, has been used to show that the driver MAY HAVE spent ALL his time out of the truck, in a T/S or bar or casino. (This only applies, of course, to being away from home or terminal.)

When you are at home, and log a restart on line 1, there is no PROOF that you got any sleep, but the fact that you have a bedroom at home, shows INTENT.... just as a motel receipt would IF you logged all 34 on line 1 while away from home.




golfhobo 03-17-2007 04:03 PM

Quote:

Originally Posted by Rev.Vassago
The world would be a much better place as well, if all CMV operators only logged 8.75 hours per day. :wink:

Hmmm...... MIGHT be...... but where would we all PARK???

And if you live on the East coast, and I'm bringing your veggies from Cali, your squash might get a little "squishy." :lol:

Besides, that would require about a 1/3rd increase in the number of trucks on the roads. Naw.... I say the world would be better if ALL trucks were run as TEAMS.

Fewer trucks on roads and truckstops. More freight delivered ON TIME. More drivers getting adequate HOMETIME. Less accidents from sleepy drivers (although this is part of what you meant.) Fewer divorces, less people leaving the industry..... I could go on.

Just a thought. Not really advocating it. I love it when I get to go solo, too! As I am right now.

golfhobo 03-17-2007 04:24 PM

KayCee said:

Quote:

Several times when I was driving I would take my 34 hour reset at someone's house. Needless to say no receipt.
This is a good and valid point. However, if it were me, I'd at least say "friends house" in the remarks section.

Quote:

I'd have to go back and look at my logs to be sure but I think I always showed my resets as off-duty. I can't recall ever showing sleeper as part of a reset. I might have but I doubt it.
I don't have a problem with this. However, the guidance says to do otherwise.

Quote:

Just because a D.O.T. inspector doesn't believe your entry doesn't mean he/she can write a ticket that will hold up in court. He/she has to be able to prove the entry is false.
I don't even KNOW that such a ticket could be written. Violating the "guidance" is not necessarily violating the REG. However, IF you logged it all on line 2, and he can get videotape that shows you in the casino, I suppose he COULD prove falsification in court, if it came to that.

Quote:

There is nothing that requires you to have any time shown while you are off duty for sleep. As just one of many examples. I could show I am off duty during my 34 hour reset and spend the full time gambling in Las Vegas. Get back in my truck after 34 hours and start driving (after the required pre-trip) and be fully legal. Maybe not wise but legal.
I agree with what you say. There is no requirement to show time sleeping for either a RESET or a 10 hour consecutive break. However, if you were in a fatal accident, and they had enough videotape evidence to show you spent ALL that time in the casino, I'm quite sure that they CAN make a charge stick in court. All they would have to do is show that the INTENT of the regs is for you to get recuperative rest/sleep (which would be easy to do,) and that although you had TIME to do so.... you did not avail yourself of the opportunity. Therefore, you operated a CMV in an "unsafe" manner causing the death of another person. Sorry.... I think you're going to jail.

There's a lot more to operating a CMV "legally" than just how you log it.

Rev.Vassago 03-18-2007 03:23 AM

Quote:

Originally Posted by golfhobo
Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by Dawn
Yes. If you gain hours @ midnight you have them hours to drive.

That isn't how the HOS runs, Dawn. Way to screw up the regs again. :roll: You don't gain hours at midnight.

Could you enlighten me on this, Rev?? I sure thought that was how it worked. If (as 90% do) your company operates on a midnight to midnight schedule.... just when do YOU say that you gain back your hours?

Of course, you don't gain hours EVERY midnight.... just starting at the end of the 8th day on the road. But, I believe that was understood.

You gain your hours as they come off. You don't gain a "chunk" of hours at midnight.

golfhobo 03-18-2007 03:36 AM

Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by golfhobo
Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by Dawn
Yes. If you gain hours @ midnight you have them hours to drive.

That isn't how the HOS runs, Dawn. Way to screw up the regs again. :roll: You don't gain hours at midnight.

Could you enlighten me on this, Rev?? I sure thought that was how it worked. If (as 90% do) your company operates on a midnight to midnight schedule.... just when do YOU say that you gain back your hours?

Of course, you don't gain hours EVERY midnight.... just starting at the end of the 8th day on the road. But, I believe that was understood.

You gain your hours as they come off. You don't gain a "chunk" of hours at midnight.


:?: :?: :?: :?: :?: :?: :?:

Ummm.... could you cite the reg? I'm having a real hard time believing THIS one!

Dawn.... clean up on aisle 5 AGAIN! :lol:


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