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- Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)

- - concerning off duty time ? (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/27039-concerning-off-duty-time.html)

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Originally Posted by Rev.Vassago

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Originally Posted by kc0iv

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Originally Posted by Rev.Vassago

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Originally Posted by flood

good call Rev... but if i remember it right ONLY an o/o can used it. ie your truck not company truck, i don't know if a lease driver can.

Nope - anyone can use it if their company has released them from duty. And you cannot be pulling a trailer.

Nothing in the rules that says you can't pull a TRAILER. Only says it can't be loaded.

kc0iv

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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 driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's 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 driver's home, from the driver's 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 carrier's 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.

While it does say that a laden CMV cannot be used for personal conveyance, neither can a dispatched one. If DOT stops you, you are going to have to be able to prove that you are not under dispatch, because if you aren't, you are not relieved of all work and responsibility of performing work. How are you going to do that when you are dragging a trailer around?

Two points Rev.

1. The first part you quoted "The type of conveyance used from the terminal to the driver's home" doesn't define only Bobtail. And as you said the vehicle CAN NOT be laden.

In addition for D.O.T. to not include pulling a trailer goes against the phrase "laden". How else can a driver pull an unladen trailer.

2. Proving you are not under dispatch would be easy for those that have Q-Com. A call to dispatch would prove you have been relieved from work and all responsibility for performing work. In addition if you are keeping your log up-to-date (last duty status) your log would show your are your own time relieved from work and show you are on line 1 (OFF DUTY).

Nope REV this is one time you are wrong. Which doesn't happen very often.

kc0iv

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The company I drive for states we are relieved of duty on the QualComm, when we report empty at the final drop before TAH. I have been stopped in PA and NY and both times had zero problems. In my logbook I flag the time and put relieved of duty. At the time I was pulling an empty trailer.

Unladen means no load, you may pull an empty trailer. But as stated by others you can't be under dispatch, getting your next load.

Mark

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Originally Posted by kc0iv

2. Proving you are not under dispatch would be easy for those that have Q-Com. A call to dispatch would prove you have been relieved from work and all responsibility for performing work. In addition if you are keeping your log up-to-date (last duty status) your log would show your are your own time relieved from work and show you are on line 1 (OFF DUTY).

And for those of us who don't have qualcomm?

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Originally Posted by Rev.Vassago

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Originally Posted by kc0iv

And for those of us who don't have qualcomm?

A call to your company, or if given a ticket, a letter from your company would work. If you are the company, then you have your Bills and paper work.

You are not going to fight this out with the cop writing the ticket, but the DA after you request a court date.

I received a log book ticket in NJ for the being on line 1, went to court and gave the DA a copy of the FMCSA’s guidance questions and he dropped and case and told the trooper to reread the rules.

Mark

Sorry guys, did a search on the questions and the HOS regulations and didn't find the info that was posted that shows me wrong.

THANKS

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Originally Posted by thebaldeagle655

Sorry guys, did a search on the questions and the HOS regulations and didn't find the info that was posted that shows me wrong.

THANKS

§395.8 Driver's Record of Duty Status

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Originally Posted by Rev.Vassago

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Originally Posted by kc0iv

And for those of us who don't have qualcomm?

As I said Rev your log book should show you are OFF DUTY at your last duty status change.

kc0iv

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Originally Posted by kc0iv

As I said Rev your log book should show you are OFF DUTY at your last duty status change.

kc0iv

And for those of us who don't keep a logbook? :P

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And for those of us who don't keep a logbook?

A note from your mother should do the trick! :wink:

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Originally Posted by golfhobo

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And for those of us who don't keep a logbook?

A note from your mother should do the trick! :wink:

I don't have a mother. You are cruel. I'm reporting you. :cry:

:P