Is OFF DUTY equal to OFF RESPONSIBILITY
 

I recently found out that my company is withholding $750 due to a theft from my flatbed. This theft occurred during a 34 hour reset (weekend)...question is this...am I still responsible for the load even though I am not allowed control of the load?

PS...I should have stated previous employer....I just quit them.

OFF DUTY/OFF RESPONSIBILITY
 

"Is OFF DUTY equal to OFF RESPONSIBILITY?" No. My experience is off duty and off responsibility applies only when the truck and load are at a company terminal. BOL

Check the employment laws of the state this company is based out of. In many states it is totally illegal to hold employees responsible for losses and to withold wages, unless you agree to it in writing at the time, to reimburse the company for those losses, regardless of what you may have signed during orientation.

I was just getting ready to say that. I know in PA they can not take your pay with out you signing something.

thx for the responses...I have been in touch w/ the State troopers to attempt to better define OFF DUTY. In short, they stated off duty, in Kansas, is off duty and off responsibility to the truck and trailer....also stated that I would have a civil action to attempt to collect my $$$.

KEIM TS, my previous employer, did hand out a "procedures manual"/ catchall of benefits and such. Within this collection of nonsense is a statement that relinquishes the driver from responsibility while fueling, lunch, and such...also states "rest stops"...my understanding would further be that a rest stop would include a 34 hour reset, whether a weekend or not.

That's so you can log OFF DUTY while you are eating lunch and such.

It would be hard to believe that any company would say in there rules you are responsible for theft of your load or any part of it when you are off duty. Even if you signed something like this, it wouldn't be worth the paper it was written on.
I had a similar problem a few yrs back. My sister lives in CA and I would drop the trailer at a home depot, with the company's permission. Used a pin lock and glad hand lock, and locks on trailer door but a drill works good to break the kingpin and glad hand locks. Trailer was jacked, and the company said it was my fault. I played back the permission they gave me on tape and had to sue for the 1000.00 deductible they took out of my check. Judge gave it back to me and said the paper I signed wasn't worth a crap!

It is rather convenient you would start another thread. But the answer is the same. When you leave your load in a unsecured area, stuff will get stolen.

Did you get permission from Walmart to leave your truck on their lot? Not likely.

Did you get a tape of your dispatcher giving you the OK to leave it there?
Not likely.

And did you pay the police department to watch your truck?
Again, not likely.

And you didn't tarp your loads, so they were open to the public.

So your company is keeping your bonus. Like everybody stated on that other post, BIG Whoop.

This is the post he started on Jan 25, 2007:

http://www.classadrivers.com/phpBB2/...er=asc&start=0

And ssoutlaw, your right. I am a troll and a sh#t disturber. But the only reason you went to defend him so hard is because it happened to you. But there is a difference in what had happen.

Those four thing sets you aside for drippy because he did NONE of those things. He's lucky they didn't take the trailer.

You did understand my point! you see I was never protecting him in the first place. This whole debate to me was over what off duty really means.. and how to cover your own ass, and how to relieve yourself of any financial responsibility in certain instances! :idea:

To all you newbies, when you drop or park your equipment, always ask the land owner, never leave your equipment on private property without permission, good way to get it towed,then if its OK with the company, record the conversation, use pin and glad hand locks, and look in on your equipment often. This is how I have survived for 30 yrs.....

So whats the next topic??????????
This one is done for...lol

Glad hand locks? You are joking, right?

A crescent wrench and 30 seconds will have the glad hand with your lock attached removed and another one screwed in its place. :lol:

The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

A cordless drill is quicker than the wrench!

About the only thing I used glad hand locks for was to keep some moron from snagging my empty trailer when I would drop it at the company yard and bobtail home or to eat, etc.

I agree.

See you around.

Look at it another way. What if a crooked driver always parked in a "questionable spot"? Is he then responsible for it? Of course he is! Off duty does NOT mean you can park anywhere you want. If it was a truck stop, there would be a different story going on here.

You're confusing responsibility of the load with DOT regulations. Of course you're responsible for the load, you're the driver. That means if you park it somewhere for your reset, you should have it somewhere that will be safe for the entire 34 hours. If it's not going to be safe, don't park it there!

I do understand your situation though. How far is the closest terminal? Is there a better place to park?

A red "Out of Service" tag works for that also. I would have one from our shop in my truck and when I went home I would always drop the trailer so I could put the tractor in the barn, especially during the winter months.

Another trick for saving an empty at the yard is to put a seal on it. Every other driver will take one look and move on.

The true issue here as follows :

If we are always responsibilty for the load, why are we not paid on a 24/7 basis? How much are you willing to do for NO MONEY? I do not mind the responsibility....just pay me for it.

BTW...as you so cleverly pointed out....I did post this issue twice. I apologize for possessing the power to make you read and respond against your will....just felt this was an issue that should be noted.

I think we should end this topic. To have used reasonable care you should have tarped the load, to keep prying eyes off the load. This is the place you went wrong! It has been pounded to death already and conceded to that there is a time you are not responsible. Let it go, you have learned and hopefully wont make this mistake again..

I agree...'nuff said.

No not enough said! Quit letting your kid SMOKE....lol

I thought I had a lit one somewhere......

That's contributing to the delinquency of a Minor, you should be ashamed...lol :)

Deducting from an employee's paycheck is a big no no.

(h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

He he yep...I've done that a few times when I was in laredo at the Werner terminal ,and drivers would put their locks on the glad hands to "save " themselves an empty while they camped at the Pilot ...only to come back and find their glad hands removed/swapped to a red tagged trailer .

.

I don't know-- I kinda like the glad hand locks myself--- most thieves are too lazy to "work" a crescent wrench- and don't carry spare glad hands with them. And sure wouldn't hang around to repair the lines(if they broke them- while knocking off the lock) The enforcer kingpin lock-- is real easy to drill out the cam lock- then pry out the drawer lock and remove.
Same goes for those dash mounted air valve locks--- like you said-- just have 2 of the plastic valve covers(.99cent?? available inside the T/A shop)-- sure you might crack the plastic dash prying off the lock--but still- 5 minutes or less and you're down the road in a slightly damaged tractor.

In my opinion, yes off duty means that you have no responsibility to the truck. However, before going off duty you were on duty and had the responsibilty of parking the truck in a secure and legal place. If you slipped while climbing out of the truck while on an off duty restart would you tell the company they were not responsible for the medical bills?

pretty clear

(h)(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

What you are missing here (and in the regs,) are the words "en route."

ALL drivers are required to take 10 hours "off duty" per "work cycle" or "shift" or before "driving again," however you want to say it. During this time, you CANNOT be considered "in readiness to work." You MAY, however, still bear some "responsibility" for the security of the load/equipment, but not to a degree that would require you to be "on duty/not driving."

The "Written Permission" you refer to, is for the purpose of logging short breaks, taken during or throughout your daily "work cycle" or 14 hour "driving window" as OFF DUTY (on line 1) as opposed to logging it on line 4 or line 2.

BOTH lines 2 and 4 could be considered to still leave you "responsible" for the equipment, whereas..... logging line 1 REQUIRES that you be "free to leave the premises, and pursue activities of your own choosing."

During ANY "required" 10 hour OFF DUTY break, you are free to do as you please (unless hazmat) and the "permission" is per FMCSA direction. The written permission by your employer, is required to log "other" breaks "en route" (during your work day) on line 1.