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concerning off duty time ?

I just have an interesting question about bobtailing , if your off duty / out of drive time for the day and are in or around a place of interest and obviously your truck is your only mode of transportation are you allowed to drive or vice versa if your done with your delivery and have some time is that counted toward your hours for the day and if so will the DOT stations still require you to stop in.

I know this question sounds kind of silly and theres an obvious answer to it , but i just want to see the response i get .

The HOS "Driving" line must be used any time you are "driving". As such, it does not matter whether you are loaded, unloaded or whatever. If you are on your "10 or 34 hour break" and you drive a commercial vehicle and you are required to log it (ie. more than 150 miles radius or other exempt status) then you not only must log it but it does count against your total.

I disagree with the law in that as you say, while on our time off this basically requires you to either sit in a truck cab all weekend or get a taxi. I feel that a little leeway here by the FMCSA would actually result in a bit more rest for us the drivers BUT as we all know, some of us would try to claim they were off-duty and drive several hundred miles and abuse any loophole we were given.

I know that a lot of drivers do use their trucks to go places while off-duty and don't show it on the log BUT, get in a wreck and see what happens!! You are taking a risk that may not be worth it if you do drive during out of hours times!

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Originally Posted by thebaldeagle655

Better recheck that. Ever hear of the "personal conveyance" exception?

Quote:

Originally Posted by Rev.Vassago

Quote:

Originally Posted by thebaldeagle655

Better recheck that. Ever hear of the "personal conveyance" exception?

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.

Quote:

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.

cool thx i knew o/o's could didn't know if i could use it

Quote:

Originally Posted by Rev.Vassago

Quote:

Originally Posted by thebaldeagle655

Better recheck that. Ever hear of the "personal conveyance" exception?

Yeah!.... It's right next to the "Adverse Conditions exception!" :wink:

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Originally Posted by golfhobo

Yeah!.... It's right next to the "Adverse Conditions exception!" :wink:

I was waiting for that. :lol:

Quote:

Originally Posted by Rev.Vassago

Quote:

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

Quote:

Originally Posted by kc0iv

Quote:

Originally Posted by Rev.Vassago

Quote:

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

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 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?