DOT protected lunch/breaks?
 

When I drove line-haul for Conway we were entitled to take two 15 minute breaks and a half hour lunch ( rarely did) a shift , and I was under the impression that was due to a federal regulation mandated the company to allow those break times. I looked through the regulation book and was unable to find anything. Is there such a provision , or was it just a company policy. THANKS

Company policy .. and a item borrowed from the unions

Yep, company policy.

Sadly, truck drivers are exempt from most protections under the federal labor code.

Re: DOT protected lunch/breaks?
 

I am going to assume here from past experience with 3 companies, but same boss! Anyhow we had a pre-printed. card usually on the back of either the medical or road test card (that is something you must always have on you) that allowed the driver a certain amount of time to log off duty and be relieved of all duties. It usually stated meal breaks, showers etc.
In Canada they are looking for this permission (from USA drivers going into Canada) from the company and the older DOT officers might ask for this permission for you to log off duty at any point while under a dispatch.
If the dispatcher would like to send you a message every time you want to log off duty, that will work. It is much simplier to have a standard card pre-printed to cover you as the driver at any point.

Some companies assume you know the information is on the back of the cards or that you will read it. I usually don't have time to bring this up , but many drivers log it as off duty time anyhow :). Unfortunately if the driver doesn't know the information is on the card he/she will not know to tell DOT the company did give me permission

Re: DOT protected lunch/breaks?
 

Are you saying it is ok to log off duty ( Line 1 ) for a grilled cheese sammich then log back in to work again ????? :shock:

Re: DOT protected lunch/breaks?
 

Not the same thing...

I now work for grocery supply distributor and the majority of the over night routes are set-up pretty tight time-wise, busting butt from log-on to log-off and covering 400 to 500 miles a day. I was thinking it would be nice to be able to kick back relax and eat lunch rather than always doing it on the go. I thought there might be a provision because of the way it was at the last place and they don't give unless they have to, but I suppose they do it to cover their butts in case a driver piles one up hurting or killing someone, they could say he should or could have taken a break. THANKS for the input !

Re: DOT protected lunch/breaks?
 

If you have permission from your company to do this. If you don't you should be logging the "sammich" on line 4 time. The company can send give you permission via qualcom or in writting instead of a pre-printed card. To the benfiet of the company & driver it is much easier to have a pre-printed card. Canada regulations do require this (if US driver going into Canada) they will give you a ticket for loggin off duty while under dispatch unless you have this card. USA DOT doesn't "usually" say much, but I do know DOT is getting stricter and writting drivers up for anything they can find wrong with your logs.

Re: DOT protected lunch/breaks?
 

Back this up with regs.

Re: DOT protected lunch/breaks?
 

Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?

Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. (The card will do this for you)

2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced.

3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business. (must have been know prior to dispatch, which the card give you permission at any time, Rev: no one said we have to keep it for a certain amount of time)

4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. (you must be able to do what you want, laundry, eat, go to your other girlfriends house, ok maybe boyfriends :D ).

Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?

Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.

It is the employer's choice to let you log it on line 4 or off duty. It is up to your employer! Again the employer can make it easier on you

NOW IF YOU ARE LADEN Different subject (almost always a different subject):

Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the CMV is laden with HM and the CMV is parked in a truck stop parking lot?

Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with §397.5 of the FMCSRs.



THe card being pre-printed is a great thing to get you out of any situation! If you look at the back of paper work (road test, medical card etc) it is probably written there. If not get it in writting so there is no question in doubt. It definetly is a loop hole many do not know about :).


The Canada regs well I am not used to their site yet on looking things up. I do know I have a driver going there all the time (he is a very knowledgable and trustable driver) and he ask them all the questions and lets me know what Canada is looking for Good or bad. I can get proof there.

Now I will add most officers will not say anything to you about logging off duty, but as picky as they have been lately be prepared guys/ladies. I lose nothing from any of you getting a ticket (as I have said before) and I sure don't tell you to waste my little fingers :lol:

Our release to log off duty is contained in our Drivers Manual that we carry in the truck..... 8)

At CFI its the back page of the logbook.......

Not a bad idea there! I haven't heard of it being in the back of the log book and it really makes sense to have it there. I will bring that up to my boss about doing that instead of the road test cards. I am glad to hear other companies/drivers are aware of this statement given to driver's automatically :D

Hey have a safe and fun weekend if you get home. If you are on the road watch out for those crazy drunk drivers :roll:

Re: DOT protected lunch/breaks?
 

What planet are you from ????????

I truly hope you are kidding........

I know the Brown Clowns that I run with some nights do take a lunch break. They log it off duty, as far as I know.

I don't know what planet you are from Rev but if you really want to take the time out of your computer world, maybe you can call around and ask some of these companies that have 300 or more drivers to see if they have a pre-printed card giving drivers full relief of responsibility while under dispatch to go in and eat! I mean what company would not allow you to eat :?: And what company would really want you to have to log that on line 4 :?: :?: It's a win/win for both parties

If you really want facts the quickest I would start with companies that have 1,000 drivers or more!

Shoot maybe I will take the time to e-mail a copy of ours, but you still would not believe me :lol:

Huh??????

WTF did I say?

All I said was "back it up with regs", because you never seem to do that. I already know the regs. :roll:

Oooppsss my bad! I just looked at the pic and thought you changed it because I looked at BigDiesel pic and for some reason I just picture you looking like that guy I guess??? I don't know! Sorry.

Re: DOT protected lunch/breaks?
 

NOPE! I am not kidding. I totally agree it is crazy, but they feel you are responsible for that load at all times while under a load that is so you need to log line 4 unless the company gives you permission to log it off duty. I think in some way it is a protection for the company versus driver, @ least that's the way I think it through (which there could be a better reason).

Now if the company gives a driver that card, I would only hope the company has some other document stating they are responsible for making sure it is secure at all times etc. Because if they don't and they give you the card and something happens during your break, well it is not your fault in the court of law. On the other hand if you are on break and relieved of all duty status and you break your foot, couldnt the company refuse the claim?? I don't deal with Workmens comp anymore.
Just thoughts there not anything I am saying is for sure facts except the meal card thing

i know in washington state since we are being payed by the hour the state mandates that we take a half hour lunch

Oh really? Hmm I wonder about that because our drivers might work 12 hours a day and they don't take a break (the local drivers I will add). I never thought about the mandatory breaks like an office employee has etc.
I do know some drivers was saying they took 1 hour off to save on the 70 hr and was getting paid 9 hours a day. That is going to stop :(

No federal requirements to take a lunch or 15 minute break. It's a mater of if you can find the time. There are many days I've started at 5 or 6 am and not eaten till after 8 pm.

I am sure you are right, but now he has me thinking are we breaking labor law? Someone assure me the answer is no! WEll now I put logic in it, I would have to say the answer is no. An OTR driver can go 14 hours without a lunch break, so I don't see why a local driver has to take a break. SO ok I am happy with the answer NO they don't have to take a break.

In the US, we're Fair Labor Standards Act exempt. We have fewer rights as workers than people slinging out burritos at Taco Bell. No federal guarantee of pay, no federal guarantee of time off, no federal limit on the numbers we can work in a row without stopping. The only limits are on driving, but even there, nothing guarantees any pay whatsoever for anything. This is all just as true working for the local Ready Mix place as it is OTR too.

I've even seen job postings for offices positions with trucking companies that listed them as "FLSA-exempt." The FLSA-Exempt Seal of Quality is your Guarantee of no guarantees whatsoever.

Grab your ankles please.

it does you no good to under the new laws to log lunch and breaks as off duty, it still counts against your clock, this was done so you would have to keep driving instead of stopping, and as we all know, driving longer and then taking a longer break makes you a much safer and more rested driver, that's what the government told me, if they would make it where I could drive 24 hours and then take sleep 24 hours. I would be really rested.

I forget why local drivers don't get paid time in a half?

Ok I feel better. I know we usually check everything out, but I had my auditor pro that I let handle all the time card issues and she just did the job right :).

Because they dont have too...

Local drivers only have to be paid time and a half by law if the truck and the freight stays within the state the driver is in. If the freight is transferred to another vehicle and the final destination is a state other than the driver is working in, the exemption kicks in.

That is what I was told by a wage and hour person.

I'm a local, and I get paid time and a half. Anything over 40 is time and a half.

You are lucky then, unless they changed the rules where we work our drivers don't get time in a half. You might be union? I guess it's up to the state you live in also and or company.
To me you should be paid for time in a half :!:

We get paid by the hour. We dont get paid milage. We go by DOT Regulations, and all that, but they still pay time and a half over 40.

Right. That's the whole point. Some local drivers do get paid time and a half, but it's entirely up to the employer. There's nothing compelling them to pay you anything.

The local ready mix place does this on a two-week cycle. Anything over 80 hours in a pay period is overtime. That way they can work you in 70/10 or 60/20 cycles without paying overtime.

My dad works for a small family owned farm. Sometimes he had to run over night
Or at least max hours. They have never heard if this card and he really needs it, any one know
Where to find the regulation so I can get some made? Is it in the master book? Thanks.

when i took a break, it was generally after 5 or 6 hours of being on the road, marked it as on duty, not driving since i was doing a mid route pre-trip around the truck while i was actually taking a break.

widowmaker think your lost, line 3 and 4 are your pay ck lines use them very wisely.