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-   -   Dear Golfhobo, (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/38780-dear-golfhobo.html)

Rev.Vassago 09-27-2009 07:09 AM

Dear Golfhobo,
 

The driver simply cannot operate a CMV while OOS. He can be on duty (not driving) as much as he wants. (So says the REV!)
You've had that in your sig line for a very long time now, and I still stand by it as much today as the day I posted it. So now it's time to put up or shut up. Here's the pertinent regulation:

Part 395.13: Hours of service of drivers - Federal Motor Carrier Safety Administration


Prove me wrong. I dare you. I TRIPLE DOG DARE YOU.

allan5oh 09-27-2009 09:33 AM

Which part, the first or the second?

Rev.Vassago 09-27-2009 09:52 AM

Here's the context:

http://www.classadrivers.com/forum/r...tml#post452615

golfhobo 09-27-2009 11:20 AM


Originally Posted by Rev.Vassago (Post 463729)
You've had that in your sig line for a very long time now, and I still stand by it as much today as the day I posted it. So now it's time to put up or shut up. Here's the pertinent regulation:

Part 395.13: Hours of service of drivers - Federal Motor Carrier Safety Administration


Prove me wrong. I dare you. I TRIPLE DOG DARE YOU.

Gee.... I can't BELIEVE we are back to THIS one! Methinks you are afraid I will go away (after my LAST post) without suitable contention to deal with.

What IS a "triple dog dare?" Does that mean if I WIN, I have to babysit 3 of your coondogs? :p

The PROOF that you desire is in the post you linked to as the "context" post. I've already PROVED this! [And so did YOU by quoting the regs!]

But.... if you desire more conversation and further humiliation on the subject, I'll oblige..... if I have time.

On "the other hand," I've grown weary of having that accusation in my sigline, and am willing to delete it. But, NOT because it is not TRUE! You DID say that, and it IS proven incorrect by the regs.

I realize how HARD it is for you, REV, to admit that I am right. But.... you HAVE done it before. IF you admit it now, in THIS case, I will remove the sigline and replace it with something that makes you smell like a rose! :lol2:

Rev.Vassago 09-27-2009 12:15 PM


Originally Posted by golfhobo (Post 463755)
Gee.... I can't BELIEVE we are back to THIS one!

You're the one who is keeping it alive.

Sabine: I see what you wrote, and thanks for agreeing with me!

golfhobo 09-27-2009 01:05 PM


Originally Posted by Rev.Vassago (Post 463729)

Golfhobo (the resident expert on regs,) quoted the REV as saying:

The driver simply cannot operate a CMV while OOS. He can be on duty (not driving) as much as he wants. (So says the REV!)

You've had that in your sig line for a very long time now, and I still stand by it as much today as the day I posted it. So now it's time to put up or shut up. Here's the pertinent regulation:

Part 395.13: Hours of service of drivers - Federal Motor Carrier Safety Administration


Prove me wrong. I dare you. I TRIPLE DOG DARE YOU.

I WELCOME this discussion. But first.... let's begin with a disucssion or an agreement on what constitutes ON DUTY TIME.

Or more specifically.... what is meant by "operating a CMV."

In the "Alcohol and CMV" thread.... I contend that a PARKED truck with all brakes "popped" is NOT IN OPERATION. I guess I should have specified (and I believe I did) that I meant one that is parked in a truckstop and the driver is considered "off duty" for a 10 hour break.... NOT waiting on a dispatch, etc.

I believe that a truck parked AT A DOCK, where the driver is "in readiness to move the vehicle" UNLESS he's been given notice of a timeframe that allows him to enter the SLEEPER BERTH for a designated amount of time, is ON DUTY/NOT DRIVING.

He is responsible for exchanging paperwork with the shipper/receiver, and possibly "monitoring" the loading/unloading of the freight. ALL OF THESE duties are considered line 4 activities. And ALL LINE 4 time is ON DUTY time.

Now... according to the REG YOU cited....

(d) Responsibilities of the driver. (1) No driver who has been declared out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this Part.

(d)(2) No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section.

That CLEARLY means that a driver put OOS MUST log the required 10 hours (or more) in an OFF DUTY status before "operating a CMV."

As I believe I said in that thread, the LEO probably broke the law by allowing him to continue to the receiver. That is a discretionary decision NOT addressed by the FMCSR's. However..... ONCE he entered the receiver's property.... bumping the dock WAS clealy an ON DUTY activity.

But.... EVEN if you allow LEO discretion to allow him to continue down the road, enter the property, and bump the dock..... and EVEN allowing him to present his paperwork... :hellno: ... At SOME point you HAVE to agree that he is OOS and cannot perform ANY work on lines 3 or 4 for a MINIMUM of 10 hours! :eek1:

Now.... HOW many receivers do YOU know that will allow him to spend his OOS time.... 10 full hours.... taking up one of their docks? :hellno:

But, MY response ALSO still "stands" until YOU can refute it. No driver put OOS can perform ANY work on line 3 OR LINE 4 UNTIL he has completed the 10 hour OOS requirement!

I don't know about YOU.... but, I've BEEN in this situation and the LEO offered to let me go to the next overpass and return to the truckstop behind me. He sat and watched me do it! Then followed me into the truckstop and put me OOS!

THEY take this very seriously! NO WAY an LEO is going to (or SHOULD) allow someone to more or less "finish his run, and bump the dock!" NO way.... NO HOW!

NOW.... YOU get on board with this.... agree that I am right.... and I'll remove that stupid statement of yours from my sigline. If not.... I think I'll enlarge the type size, change the color, and put SPARKLES around it!

And YOU will acquiesce to it the same way you did Belpre's attacks on ME! AND.... the increased attention will be "ON YOU!" :roll:

OOS means OUT OF SERVICE! Means you can't do ANY WORK! IF you don't understand that.... you shouldn't be driving a TRUCK! :hellno:

......... Wow! That was better than SEX! Makes me want to smoke a cigarette! BUT.... I QUIT smoking about a month ago! This time it's for REAL!! I ain't PAYING those stinking taxes NO MORE!

:lol2::lol2::lol2:

Rev.Vassago 09-27-2009 02:02 PM


Originally Posted by golfhobo (Post 463778)
I WELCOME this discussion. But first.... let's begin with a disucssion or an agreement on what constitutes ON DUTY TIME.

Let's not.


Or more specifically.... what is meant by "operating a CMV."
That's something entirely different, and it's something you clearly don't understand.


In the "Alcohol and CMV" thread.... I contend that a PARKED truck with all brakes "popped" is NOT IN OPERATION. I guess I should have specified (and I believe I did) that I meant one that is parked in a truckstop and the driver is considered "off duty" for a 10 hour break.... NOT waiting on a dispatch, etc.
Irrelevant to the discussion.


I believe that a truck parked AT A DOCK, where the driver is "in readiness to move the vehicle" UNLESS he's been given notice of a timeframe that allows him to enter the SLEEPER BERTH for a designated amount of time, is ON DUTY/NOT DRIVING.
Absolutely. If he's not in the sleeper, he's on duty(not driving)


He is responsible for exchanging paperwork with the shipper/receiver, and possibly "monitoring" the loading/unloading of the freight. ALL OF THESE duties are considered line 4 activities. And ALL LINE 4 time is ON DUTY time.
Yup. On duty (not driving).


Now... according to the REG YOU cited....

(d) Responsibilities of the driver. (1) No driver who has been declared out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this Part.

(d)(2) No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section.

That CLEARLY means that a driver put OOS MUST log the required 10 hours (or more) in an OFF DUTY status before "operating a CMV."
Yup. Absolutely.


As I believe I said in that thread, the LEO probably broke the law by allowing him to continue to the receiver. That is a discretionary decision NOT addressed by the FMCSR's. However..... ONCE he entered the receiver's property.... bumping the dock WAS clealy an ON DUTY activity.
Again, irrelevant to the discussion we're having here.


But.... EVEN if you allow LEO discretion to allow him to continue down the road, enter the property, and bump the dock..... and EVEN allowing him to present his paperwork... :hellno: ... At SOME point you HAVE to agree that he is OOS and cannot perform ANY work on lines 3 or 4 for a MINIMUM of 10 hours! :eek1:
Nope. The FMCSA does not regulate how long one can be on line 4, and they never have. They only regulate when and for how long someone can be on line 3.


Now.... HOW many receivers do YOU know that will allow him to spend his OOS time.... 10 full hours.... taking up one of their docks? :hellno:
Irrelevant to the discussion we're having here.


But, MY response ALSO still "stands" until YOU can refute it. No driver put OOS can perform ANY work on line 3 OR LINE 4 UNTIL he has completed the 10 hour OOS requirement!
The regulation itself refutes it. It states that he cannot operate the CMV (that's line 3 time) until the OOS order has been rescinded.


I don't know about YOU.... but, I've BEEN in this situation and the LEO offered to let me go to the next overpass and return to the truckstop behind me. He sat and watched me do it! Then followed me into the truckstop and put me OOS!
Again, irrelevant to the discussion.


THEY take this very seriously! NO WAY an LEO is going to (or SHOULD) allow someone to more or less "finish his run, and bump the dock!" NO way.... NO HOW!
Still irrelevant.


NOW.... YOU get on board with this.... agree that I am right.... and I'll remove that stupid statement of yours from my sigline. If not.... I think I'll enlarge the type size, change the color, and put SPARKLES around it!

And YOU will acquiesce to it the same way you did Belpre's attacks on ME! AND.... the increased attention will be "ON YOU!" :roll:
Whatever. You've proven nothing, other than you think line 3 and line 4 are identical.


OOS means OUT OF SERVICE! Means you can't do ANY WORK! IF you don't understand that.... you shouldn't be driving a TRUCK! :hellno:
Nope, you're wrong. Out of service means you can't operate the CMV. The reg is riddled with references to this. Furthermore, in the interpretation for the reg, it states the same thing. Twice. OOS orders only apply to the operation of a CMV. When I'm on a dock, I'm not "operating" a CMV. When I'm dealing with paperwork, I'm not "operating" a CMV. When I'm taking a drug test, I'm not "operating" a CMV. But all three of those things are On Duty (not driving) activities, and all three could LEGALLY be done during an OOS order.

Just to drive this issue even further, I'm going to give you a hypothetical. Let's say you were involved in an accident with another vehicle which required your vehicle to be towed. You were over your hours when it happened, and the cop who arrived at the scene immediately looked at your log book, and placed you OOS as a result. Now you're out of service on the side of the road. While you are giving police reports, you are on duty (not driving). While you are dealing with the tow truck driver, you are on duty (not driving). While you are riding in the passenger seat of the tow truck, you are on duty (not driving). While you are off taking that REQUIRED alcohol test as a result of the accident (which you are LEGALLY required to do so within 8 hours of the accident per 382.303) you are on duty(not driving).

So by your contention, you could do NONE of these things because you've been placed OOS, and I guess you're just going to have to take that automatic positive as a result of a refusal to be tested. That is by far the DUMBEST argument I've ever heard.

golfhobo 09-27-2009 02:27 PM


Originally Posted by Rev.Vassago (Post 463764)
You're the one who is keeping it alive.

Sabine: I see what you wrote, and thanks for agreeing with me!

REALLY???? "I" am the one who started this thread? :hellno:

I had ALMOST forgot about that sigline. I have to admit, I sometimes feel a pang of guilt when I post something and see that I am STILL "blowing your azz up" with it.... but, I get over it.

But, there is NO DOUBT that YOU are the one "keeping it alive" with this NEW thread. Let's START with you taking "ownership" of THAT! :hellno:

Apparently, it bothers you. Perhaps because you KNOW that you are wrong. I felt the same way about certain siglines other posters used in the past. I had to deal with them directly and honestly. You COULD do the same.

I SUPPOSE you could PM me about it. You know.... OVERRIDE the IBADMIN restrictions.

Or you could just post an "open comment" on my profile site. OR you could just bring it up on the open forum.... as you DID.

The "media" is not what interests me. It is the fact that you have "entreatied" me that piques my interest. And the "timing."

I am a reasonable person, Rev. My belief that "YOU" also are one has probably cost me a good friend.

Asking me to "prove it or shut up" is not a good route for you to take. I believe I once lowered myself to the point of just "ASKING" a poster who I considered a friend to remove an offensive sigline worked for me. It was "cathartic" for me, and it worked. I'm not suggesting that YOU could withstand such a "reality check."

However, since I believe I have ONCE AGAIN proven my point as to the meat of the discussion, and at SOME point in time, you MAY admit it....

And to prove that I have no malicious intent to continuously hurt a fellow CAD poster, let alone one of YOUR obvious "standing," I will make the requested "adjustment" just as soon as I can remember HOW to do so! :lol2:

A mere "thank you" hidden somewhere in some future post, will be enough. In fact.... You COULD have just "asked." :smokin:

SickRick 09-27-2009 03:24 PM

Just when you thought it was safe to go back in the water...

The way I read the regs - and OOS driver CANNOT OPERATE a CMV. OPERATE MEANS DRIVE.

If he happens to do line 4 work - his OOS "sentence" (for 11 hour for example) us NOT SERVED, until he is on line(s) 1 or 2 for TEN CONSECUTIVE HOURS.

I think Rev. is still "razzing you" for the (perceived or not) misconception that Line 4 is OPERATING and violates on OOS. ALL the guidance I've seen for 49 CFR 395, leads me (and apparently Rev.) to believe that OPERATING MEANS DRIVING, behind the wheel, in motion. Previous arguments that y'all have had (like, reporting an accident while struck by another truck in a truckstop during a 10 or 34 reset being line 4), would tend to REINFORCE THIS POSITION.

From 395.2 - Definitions

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All driving time as defined in the term driving time;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;

(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and

(9) Performing any compensated work for a person who is not a motor carrier.


Definition 4, would tend to reinforce YOUR (GolfHobo's) position that ANY TIME IN THE TRUCK other than SLEEPER BERTH - IS - in fact ON DUTY TIME (so if yer watching TV or cruising the interweb in a truck stop, you'd better be IN BED wile doing it). But, despite the (obvious) vagueness of some parts of 49 CFR - OOS PROHIBITS YOUR FROM OPERATING (DRIVING) a CMV and DOES NOT PROHIBIT ANY OTHER ON DUTY TIME. Just that you don't get out of "OOS Jail" until you meet the OFF DUTY REQUIREMENTS to correct WHY you were placed OOS in the first place. If you're OVER 70, then you don't get HOURS BACK until MIDNIGHT - and if you were placed OOS after only being on duty a 1/2 hour in the current day - you would (concievably) get back 14 that would otherwise have been USED THAT DAY at midnight - in addition to whatever you would have gained back ANYWAY by losing the 8th day previous. If you were OOS for an 11/14 violation - the ONLY WAY to "get out of jail", is with 10 hours OFF DUTY (line 2 for 8 + line 1 for 2 OR line 1 for 10). In the case of the original thread - if the driver was not IN THE SLEEPER BERTH or OFF THE PROPERTY, he would still be considered to be ON DUTY - and though not in violation of his OOS - may not accumulate the OFF DUTY HOURS to get OUT OF JAIL

The ONLY ISSUE OF CONTENTION HERE IS: what constitutes "OPERATING". LINE 2 - On Duty - Driving...

Rick

Rev.Vassago 09-27-2009 03:46 PM


Originally Posted by golfhobo (Post 463789)
REALLY???? "I" am the one who started this thread? :hellno:

I had ALMOST forgot about that sigline. I have to admit, I sometimes feel a pang of guilt when I post something and see that I am STILL "blowing your azz up" with it.... but, I get over it.

But, there is NO DOUBT that YOU are the one "keeping it alive" with this NEW thread. Let's START with you taking "ownership" of THAT! :hellno:

Apparently, it bothers you. Perhaps because you KNOW that you are wrong. I felt the same way about certain siglines other posters used in the past. I had to deal with them directly and honestly. You COULD do the same.

I believe I did just that by challenging you to prove it. Not because it bothered me, but because I thought it might be fun to discuss, and I happened to notice it today when you were posting.


I SUPPOSE you could PM me about it. You know.... OVERRIDE the IBADMIN restrictions.

Or you could just post an "open comment" on my profile site. OR you could just bring it up on the open forum.... as you DID.
Sure did!


The "media" is not what interests me. It is the fact that you have "entreatied" me that piques my interest. And the "timing."

I am a reasonable person, Rev. My belief that "YOU" also are one has probably cost me a good friend.
Excuse me? And how exactly did I do this?


Asking me to "prove it or shut up" is not a good route for you to take. I believe I once lowered myself to the point of just "ASKING" a poster who I considered a friend to remove an offensive sigline worked for me. It was "cathartic" for me, and it worked. I'm not suggesting that YOU could withstand such a "reality check."

However, since I believe I have ONCE AGAIN proven my point as to the meat of the discussion, and at SOME point in time, you MAY admit it....

And to prove that I have no malicious intent to continuously hurt a fellow CAD poster, let alone one of YOUR obvious "standing," I will make the requested "adjustment" just as soon as I can remember HOW to do so! :lol2:

A mere "thank you" hidden somewhere in some future post, will be enough. In fact.... You COULD have just "asked." :smokin:
Talk about reading more into something than there really was. I thought it might be fun to have a classic Rev/Golfhobo argument over the FMCSA regulations. But apparently that's too much to ask. Whatever personal issues you are having that affect your friendships is nobody's blame but your own. Trying to pin other peoples' opinions of you on me is a cop out. I cost you absolutely nothing, because I never discuss you with others privately. I don't really care if you quote every single one of my posts in your sig line (although I'm sure others might get worried about obsession if you did).

Playing the victim is unbecoming of you, especially in something as trivial as a silly thread about a regulation. If I didn't want the sig line there, I could have deleted it myself without ever asking you. But I wouldn't do that, just as I wouldn't ask you to delete it for me. In fact, I remember LightsChromeHorsepower using a quote by me in his sig line for a long time. I never complained about it, and I even found it to be humorous. If you didn't want to play, you could have ignored the thread. I wouldn't have cared one way or the other. I was bored, and thought it might be a fun topic to discuss. Sorry for trying to engage you in conversation. I'll be sure to avoid it in the future.

wanderingson 09-29-2009 06:16 PM


Originally Posted by Rev.Vassago (Post 463802)
I thought it might be fun to have a classic Rev/Golfhobo argument over the FMCSA regulations.

This IS classic Rev/Hobo argument material!

Doesn't line 4 activity count against your 70 hrs though? I think it does. Once the 70 is reached, a driver cannot log on line 3 or 4 until after the 34 hr reset.
I know a few drivers who have side jobs, and they are required to log that as on duty/not driving, even though it may be a non-driving job.

Yes, I think the Rev is right though about being on line 4 for as long as you want, but after the 70 hrs is up, thats it. Of course, a driver cannot continue to drive or be on duty/not driving after the 11/14 hr reg is reached.

As far as a driver being OOS, I think that a driver cannot perform ANY function of line 3 or 4 until the OOS order is satisfied.

Ok guys, continue the argument! I love it!

ssoutlaw 09-29-2009 07:16 PM


Originally Posted by wanderingson (Post 463979)
This IS classic Rev/Hobo argument material!

Doesn't line 4 activity count against your 70 hrs though? I think it does. Once the 70 is reached, a driver cannot log on line 3 or 4 until after the 34 hr reset.
I know a few drivers who have side jobs, and they are required to log that as on duty/not driving, even though it may be a non-driving job.

Yes, I think the Rev is right though about being on line 4 for as long as you want, but after the 70 hrs is up, thats it. Of course, a driver cannot continue to drive or be on duty/not driving after the 11/14 hr reg is reached.

As far as a driver being OOS, I think that a driver cannot perform ANY function of line 3 or 4 until the OOS order is satisfied.

Ok guys, continue the argument! I love it!

Nope! Rev is right! Did I say that....lol and yes line 4 does count against your 70!
Yes the driver put OOS can still be on line 4 for as long as he wants, and even repair his truck if he so wishes, but must watch his hrs and adjust his rest or off duty to comply with the law!!!!!!
You can be on line 4 for 90 hrs if you want, but you better not drive until you have satisfied a 34 hr reset!

Rev.Vassago 09-29-2009 11:29 PM


Originally Posted by wanderingson (Post 463979)
Doesn't line 4 activity count against your 70 hrs though? I think it does. Once the 70 is reached, a driver cannot log on line 3 or 4 until after the 34 hr reset.
I know a few drivers who have side jobs, and they are required to log that as on duty/not driving, even though it may be a non-driving job.

Yes, I think the Rev is right though about being on line 4 for as long as you want, but after the 70 hrs is up, thats it.

Incorrect. The 11 hour, 14 hour and 70 hour clock is only to determine if (and for how long) you can drive. The FMCSA has no regulations regarding how long you can be on line 4. They only have regulations on when (and for how long) you can be on line 3. The only regulations the FMCSA has regarding line 4 are what activities count as line 4 time.

And 34 hour resets are never mandatory.

ssoutlaw 09-30-2009 06:00 AM


Originally Posted by Rev.Vassago (Post 463988)
Incorrect. The 11 hour, 14 hour and 70 hour clock is only to determine if (and for how long) you can drive. The FMCSA has no regulations regarding how long you can be on line 4. They only have regulations on when (and for how long) you can be on line 3. The only regulations the FMCSA has regarding line 4 are what activities count as line 4 time.

And 34 hour resets are never mandatory.

Ya, but if you were on line 4 for 90 hrs, a reset would be needed....lol

Rev.Vassago 09-30-2009 06:24 AM


Originally Posted by ssoutlaw (Post 464015)
Ya, but if you were on line 4 for 90 hrs, a reset would be needed....lol

Yes, there is a point when a 34 hour reset is the shortest way to gain back hours. I can however, think of a scenario where you could gain enough hours to drive if you had 90 hours on the clock without doing a 34 hour reset. But it depends how the hours are spread out.

SickRick 09-30-2009 07:56 AM


Originally Posted by Rev.Vassago (Post 464017)
Yes, there is a point when a 34 hour reset is the shortest way to gain back hours. I can however, think of a scenario where you could gain enough hours to drive if you had 90 hours on the clock without doing a 34 hour reset. But it depends how the hours are spread out.

Think he was talking about 90 hours on line 4 - IN A ROW.

But we STILL haven't cleared up the MAIN POINT IN CONTENTION HERE - that being, just what constitutes OPERATING A CMV - which we all KNOW to mean - DRIVING. The regs don't say anything about doing any other work NOT on line 3. But again, you would come OFF an OOS, until you've logged 10 off (or gained back hours in the case of a 70). In the case of a 70, you could be off OOS at midnight - depending on how many hours you've gained. You COULD be put OOS for a 70 at 11:30PM, and be out the door in a 1/2 hour.

We could muddy the waters a bit, say, by looking at a situation where the Tractor is the O/O's personal conveyance.

He is put out of service for an 11/14 hour violation, that can ONLY BE RESOLVED by 10 hours OFF DUTY (line 2 for 8 + line 1 for 2 OR line 2 for 10). If he LEAVES HIS TRAILER at the coop, and drives off to Chuck-E-Cheese for a pizza in his tractor - he is no longer "under load" he is OFF DUTY and using the Tractor as a POV, he CAN LOG on Line 1 - go putz around for 10 hours, go back and get his trailer and have SATISFIED his OOS. In this case, the tractor would NOT BE OPERATED as a CMV, he is not UNDER LOAD or DISPATCH and has no responsibility to his employer (or himself is he is under his own authority). He could lay in his sleeper in the Walmart parking lot drinking BEER for 6 hours, nap for 4 and be good to go. Or pull off the coop without his box and go get a motel room. Wouldn't THAT P.O. the DOT guy? Pull around the coop, drop your box, and take off for 10 hours...

Rick

Rev.Vassago 09-30-2009 08:33 AM


Originally Posted by SickRick (Post 464018)
He is put out of service for an 11/14 hour violation, that can ONLY BE RESOLVED by 10 hours OFF DUTY (line 2 for 8 + line 1 for 2 OR line 2 for 10). If he LEAVES HIS TRAILER at the coop, and drives off to Chuck-E-Cheese for a pizza in his tractor - he is no longer "under load" he is OFF DUTY and using the Tractor as a POV, he CAN LOG on Line 1 - go putz around for 10 hours, go back and get his trailer and have SATISFIED his OOS. In this case, the tractor would NOT BE OPERATED as a CMV, he is not UNDER LOAD or DISPATCH and has no responsibility to his employer (or himself is he is under his own authority). He could lay in his sleeper in the Walmart parking lot drinking BEER for 6 hours, nap for 4 and be good to go. Or pull off the coop without his box and go get a motel room. Wouldn't THAT P.O. the DOT guy? Pull around the coop, drop your box, and take off for 10 hours...

That would be a violation of the OOS order. The regs specifically address this:

Question 2: May a driver operating a CMV under a lease arrangement with a motor carrier, after being placed out of service for an hours of service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?

Guidance: No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out of service order which prohibits the driver from operating a CMV.


The CMV doesn't cease to be a CMV just because it is being used as personal conveyance.

SickRick 09-30-2009 10:13 AM


Originally Posted by Rev.Vassago (Post 464021)
That would be a violation of the OOS order. The regs specifically address this:

Question 2: May a driver operating a CMV under a lease arrangement with a motor carrier, after being placed out of service for an hours of service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?

Guidance: No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out of service order which prohibits the driver from operating a CMV.


The CMV doesn't cease to be a CMV just because it is being used as personal conveyance.

Interesting, since you CAN operate a CMV as a personal conveyance and be on Line 1.

That specific instance (canceling a lease-on agreement) is weird unto itself. According to that guidance - would he be able to cancel the lease, fulfill whatever requirements the OOS calls for (and again, the guidance didn't say whether it was a 11/14 or 70 hour violation), and THEN use the vehicle as a personal conveyance. These regs are still arbitrary and vague - as a lease/op upon canceling the lease would be under an obligation to the carrier to return the vehicle. And OWNER, that was leased-on, would only be obligated to return the Qualcomm and any other "company issued equipment". After the OOS is satisfied, the truck still BELONGS TO the O/O, and as long as he has the proper Non-Trucking-Liability and whatever other insurance is required to operate Bobtail, he can use the tractor as a personal conveyance to his hearts content - all on line 1.

Rick

Rev.Vassago 09-30-2009 10:35 AM


Originally Posted by SickRick (Post 464029)
That specific instance (canceling a lease-on agreement) is weird unto itself. According to that guidance - would he be able to cancel the lease, fulfill whatever requirements the OOS calls for (and again, the guidance didn't say whether it was a 11/14 or 70 hour violation), and THEN use the vehicle as a personal conveyance.

Yes, although what purpose would cancelling the lease at the scale house be then?


These regs are still arbitrary and vague - as a lease/op upon canceling the lease would be under an obligation to the carrier to return the vehicle. And OWNER, that was leased-on, would only be obligated to return the Qualcomm and any other "company issued equipment". After the OOS is satisfied, the truck still BELONGS TO the O/O, and as long as he has the proper Non-Trucking-Liability and whatever other insurance is required to operate Bobtail, he can use the tractor as a personal conveyance to his hearts content - all on line 1.

Rick
The point wasn't about canceling the lease. The point was about putting the driver in a situation where he could legally log the truck AND trailer on line 1 as personal conveyance by becoming "not for hire." But the FMCSA made it clear that the CMV is still a CMV even when being used as personal conveyance (which is why you need a CDL to operate it no matter what), so dropping the trailer and taking off with the truck would be a violation of the OOS order, as the OOS order applies to operating a CMV.

mike3fan 09-30-2009 01:20 PM

Well, obviously I'm not gonna change anyone's (Golfhobo) opinion here with my argument, but I think it's pretty obvious that the rule and it's penalty (OOS) is put into place to protect the motoring public by not allowing a unsafe driver (in their view) back in operation (driving) of a CMV until his off duty requirements are met. No where imo does that have anything to do with non driving work related duties. So to me the driver could spend as much time as needed at the customer doing anything he wants, including unloading the trailer by hand if he so chooses for 12 hrs. before satisfing his sleeper berth/off duty time.


Although, what are the regs for operating a CMV on private property? Could the driver pull out of the dock without violating any rules? Could a non CDL driver move the truck out of the dock for him?

allan5oh 10-03-2009 05:45 AM

I agree with Rev on this one:

1) You CANNOT operate a CMV past 11 hours/14 hours/70 hours. Personal use means nothing. Yes it would be logged as off-duty, however you still cannot do it.

2) You CAN be on duty past 11 hours/14 hours/70 hours. I've done it. Many others have.

Rev.Vassago 10-04-2009 01:24 PM


Originally Posted by mike3fan (Post 464045)
Although, what are the regs for operating a CMV on private property? Could the driver pull out of the dock without violating any rules?

If there is public access to the property, the FMCSA regs apply.


Could a non CDL driver move the truck out of the dock for him?
Not legally.

golfhobo 10-05-2009 12:08 PM


The part I don't understand is he let me go to the delivery and said I would be out of service there until Midnight. 3:45am Monday till 12:01am Tuesday. I am guessing the 12.5hrs I logged on the prior 8th day falls off at midnight and puts me under my 70hrs??

If he put me out of service at 3:45am how do I log me delivery at 8:00am or do I have to? If out of service can you still be on duty and not driving?? Is it legal to let the truck sit for 34hrs from the out of service time and call it a restart?
Had the officer followed protocol, this driver would have been OOS on the side of the road ONE BLOCK from his delivery. There would BE NO question of whether or not he could "bump a dock" while OOS! I have found no "exceptions" to the OOS rules that even consider safe parking conditions, but if there ARE any.... I'm SURE they don't extend beyond the gates of the receiver's property.... and CERTAINLY not to include the safety sensitive function of bumping the dock. They don't "exist" because they are not even "contemplated."

Obviously, after all this time and several threads, the question STILL remains as to whether or not line 4 activities violate an OOS order.

After extensive research, I cannot find any "related" difference between a "driver OOS" order based on logbook violations, and those due to alcohol restrictions. So let's look at THOSE:

383.37 Employer responsibilities. [guidance]


Question 2: a. A motor carrier recently found a driver who had a detectable presence of alcohol, placed him off-duty in accordance with §392.5, and ordered a blood test which disclosed a blood alcohol concentration of 0.05 percent. Is the carrier obligated to place the driver out of service for 24 hours as prescribed by §392.5(c)?

b. Is the carrier obligated to disqualify the driver for a period of one year as prescribed by §§383.51(b) and 391.15(c)(3)(i) of the FMCSRs?

Guidance: a. Only a State or Federal official can place a driver out of service. Instead, the carrier is obligated to place the driver off-duty and prevent him/her from operating or being in control of a CMV until he/she is no longer in violation of §392.5.
Now.... WHY do you think they make a distinction between "operating" or "being in control of" a CMV? The very FACT that they do.... indicates there are at least subtle differences in definitions.

Could it BE that they are concerned with SAFETY, and there is MORE to safety than just driving the vehicle?


382.107 Definitions.

"Safety-sensitive function" means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:

(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;

(2) All time inspecting equipment as required by §§392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All time spent at the driving controls of a commercial motor vehicle in operation;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76 of this sub-chapter);

(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

You may note (as I have) that the definition of "on duty time" is almost identical to that of "safety sensitive functions." And, unless you are totally out in left field.... you understand that the FMCSR's are concerned with promoting SAFTEY by insisting that a driver who cannot PROVE he is sober, or PROVE he is rested, should be prevented from ALL "safety sensitive" functions.... or LINE 4 time that is not "paperwork related."

I UNDERSTAND the debate as it is now, centerered around whether or not one HAS to go "off duty" as soon as he is placed OOS.... or whether he can continue "safety sensitive functions" like unloading or supervising the unloading of a truck, or squishing people between the bumper and the dock, etc... and I agree that the regs.... as always.... are vague. But, dare I say, the "spirit" of the regs is that no driver placed OOS for not being able to prove he is well rested, OR that has a minor detectable amount of alcohol in his system, COULD and SHOULD be considered a possible "safety" hazard to the public, or the workers at the shipper/receiver, or himself or other drivers... and therefore:

SHALL BE placed OOS until he has met the requirements of this part. The TIME may vary depending on whether it is a 70 hour violation, a 11/14 hour violation, or an alcohol related violation.

But, there is no doubt in MY MIND, that OOS means "no operating or controlling" a CMV in any type of "safety sensitive" function until AFTER serving the OFF DUTY time required by the OOS order!

Y'all want to keep splitting hairs? Go ahead. The penalties are in the THOUSANDS of dollars.

If you want to believe that a CDL holder who drives a concrete mixer, can violate an OOS order and keep pouring concrete with a .07 BAC and only 4 hours sleep.... take a 2 hour break and have another 6pack of beers.... because he's not REALLY "operating" a CMV.... Crawl in the cab within stumbling distance of the air-brake release knobs.... with workers behind his vehicle.... and do his "paperwork" like the REV says.....

And then..... serve his "OOS order" later that night after finishing his work.... Y'all go ahead! But, PLEASE tell me where you are so I can stay far away from you and your UNPROFESSIONAL ideas of "operating" a CMV!

As I said. The cop violated his own protocol (unless he has discretion I'm not aware of) concerning placing a driver OR TRUCK "OOS." I'm quite SURE that he intended the driver to ONLY drive onto the property before serving his OOS time. Once there, a Yard dog could have done all the "safety sensitive" work to get his trailer unloaded and parked and ready for him to move on AFTER he was legal!

But, NOTHING I have read concerning the regs controlling a CMV driver, and the SAFETY of such, would allow me to believe that a driver placed "OOS" for a violation of rules designed to make a driver SAFE.... would allow him to continue the many activities that require concentration and SAFETY training, with lives in the balance, as LONG as he doesn't actually "drive" the vehicle. And even THAT you are asking me to accept only applies to driving the vehicle on the open road! Driving in a receiver's facility, bumping or leaving a dock, is MORE dangerous than open road driving! You guys KNOW this! :hellno:

I've SAID my piece. I'm about DONE with THIS one! EVERY thing you do while on the road, (except when parked in a T/S, or using the vehicle as a personal conveyance,) is considered part of "operating a CMV in Interstate Commerce."

When they put you OUT OF SERVICE..... they mean NO "safety sensitive functions" [which shares the definition of ON DUTY TIME] from the MINUTE they put you OOS.... until the time served that meets the requirements of the HOS.

Rev.Vassago 10-05-2009 12:16 PM


Originally Posted by golfhobo (Post 464571)

I've SAID my piece.

You played "woe is me," we all had an intelligent conversation while you were gone, and then you came back to get the last word in to muck it all up.

golfhobo 10-05-2009 12:42 PM

Rev.Vassago said:


You played "woe is me,"
No, I didn't. I'm sorry I mentioned it, but.... supporting you as a Mod, when MOST others didn't.... cost me some points with SOME people. No big deal. It's just a messageboard. I didn't Expect you to "befriend" me.... but, if you WANT to "have a debate" you could find a better way to initiate it.


we all had an intelligent conversation while you were gone,
DID you now? I was gritting my teeth at all the misconceptions offered, (which is what USUALLY gets me into these discussions,) and I even noticed that YOU had to correct a few of the mistatements! When YOU say something wrong, and then 3 or 4 others back you up, but then THEY post a reason YOU have to argue with..... I just sit back and shake my head! I don't have enough TIME to correct EVERY mistake on this board! :lol2:


and then you came back to get the last word in to muck it all up
You can call it what you want. I don't care. My concern.... as ALWAYS.... has been to clarify the "vague" regs.... and contradict the misconceptions that YOU and others have about them. My TIME is limited, and my patience is sometimes even less.

Rev.Vassago 10-05-2009 01:21 PM


Originally Posted by golfhobo (Post 464578)
supporting you as a Mod,

:rofl::rofl::rofl::rofl:

Seems that I remember you being the one who complained the most.

golfhobo 10-05-2009 01:37 PM


Originally Posted by Rev.Vassago (Post 464586)
:rofl::rofl::rofl::rofl:

Seems that I remember you being the one who complained the most.

Seems you remember incorrectly. Don't confuse "loudest" with "most." ;)

Rev.Vassago 10-05-2009 01:48 PM

No, I'm quite sure I am correct. You definitely weren't the loudest, but you were by far the most persistent. Even to this day you continue to pin the blame on me for things I have nothing to do with.

But as this discussion was already resolved before you posted here today, I won't be continuing it. Perhaps you can get someone else to bite, even though the consensus is very clear that a driver can be on line 4 even when out of service. I know this for a fact because I've done it at a scale with an officer present. I also know it for a fact because I understand what the word "operating" means, and I know that one can be on line 4 without operating a CMV (even though you continue to ignore that fact).

So have fun picking this last post apart. You'll get no response from me.

golfhobo 10-05-2009 02:26 PM

Rev.Vassago said:


No, I'm quite sure I am correct. You definitely weren't the loudest, but you were by far the most persistent. Even to this day you continue to pin the blame on me for things I have nothing to do with.
Prove it.


But as this discussion was already resolved before you posted here today, I won't be continuing it. Perhaps you can get someone else to bite, even though the consensus is very clear that a driver can be on line 4 even when out of service.
A "consensus?" Are you kidding me? Name me ONE driver here who, upon being put "OOS" by an LEO, will (since he is unladen and on his WAY to a pickup) consider himself "unladen" and OFF DUTY.... and therefore free to continue on to his truckstop of choice (or motel) for the night? :hellno:

Yeah.... far be it for YOU to "continue it," even though YOU started it... please show me ONE reg that clearly states that a driver MAY continue to work on line 4 after being placed OOS by an LEO!


I know this for a fact because I've done it at a scale with an officer present. I also know it for a fact because I understand what the word "operating" means, and I know that one can be on line 4 without operating a CMV (even though you continue to ignore that fact).
How far PAST THAT SCALE did the LEO allow you to DRIVE? What dock did you "bump" while at that scalehouse? :hellno:


So have fun picking this last post apart. You'll get no response from me.
Whatever.... I don't care! YOU started this thread. I suppose it will be up to some of the OTHERS as to whether or not the discussion was "settled" before I got around to responding. Or do you claim to hold THEIR "proxy" as to posting on this thread?

belpre122 10-05-2009 04:35 PM

Did we ever get this 'Golfhobo' logging issue resolved?:thumbsup:

http://i288.photobucket.com/albums/l...e122/sig-1.gif

**credit~this fine artwork brought to you by the Rev.

Rev.Vassago 10-05-2009 11:59 PM

Wow, I really called that one.

http://i357.photobucket.com/albums/o.../miss_cleo.jpg

I need to start charging for these psychic predictions. I never expected golfhobo to come up with such a nonsensical answer that had absolutely nothing to do with the subject though. Wow.

dobry4u 10-06-2009 02:41 AM


Originally Posted by Rev.Vassago (Post 464623)
Wow, I really called that one.

http://i357.photobucket.com/albums/o.../miss_cleo.jpg

I need to start charging for these psychic predictions.

Dear Miss Cleo (aka Rev),

Before you start charging I have a few questions I would like answered.

5. Will the Lions ever have a better than .500 season?
4. Will Golfhobo ever post something with 300 words or less?
3. Will Steve Booth ever come clean?
2. Will Gman ever know the state of things as they actually exist?
1. What are tonight's winning lotto numbers?

Thanks in advance!!!:clap:

Rev.Vassago 10-06-2009 02:58 AM


Originally Posted by dobry4u (Post 464636)
Dear Miss Cleo (aka Rev),

Before you start charging I have a few questions I would like answered.

5. Will the Lions ever have a better than .500 season?

Only when it's their turn to get Brett Favre when he unretires.


4. Will Golfhobo ever post something with 300 words or less?
No. He is incapable of short responses, and will continue to post novels in response to a single sentence, and will also continue to capitalize random words.


3. Will Steve Booth ever come clean?
No. His ego will prevent him from doing so. He cares far too much about what random anonymous people on the internet think of him.


2. Will Gman ever know the state of things as they actually exist?
No.


1. What are tonight's winning lotto numbers?
3


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