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Originally Posted by Trooper Monty Dial
Any time you are seated at the controls of the vehicle, you are driving.
That statement is absolute, and matches the definition of "On duty" time in the FMCSA regulations. On Duty time includes any time at the controls of a CMV. It says nothing about whether or not you are operating those controls - just that you are at them (the whole "in or upon a CMV except when you are in a sleeper berth" thing).
Once again YOU are wrong, and Trooper dial is either wrong or just not thinking clearly while answering a specific question, as I noted.
From the Regulation of Definitiions....
§395.2 Definitions
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Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.
THAT statement is absolute. Trooper Dial's statement is NOT.
And, the results of the "fight" I mentioned earlier is this:
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Question 26: Is time spent operating controls in a CMV to perform an auxiliary, non-driving function (e.g., lifting a loaded container, compacting waste, etc.) considered driving time? Does the location of the controls have a bearing on the answer?
Guidance: The location of the controls does have a bearing on the answer. §395.2 defines "driving time" as all time spent at the driving controls of a CMV in operation. If a driver, seated at the driving controls of the vehicle, is able to simultaneously perform the driving and auxiliary function (for example, one hand on the steering wheel and one hand on a control mechanism), the time spent performing the auxiliary function must be recorded as "driving time."
If (however) a driver, seated at the driving controls of the vehicle, is unable to simultaneously perform the driving and auxiliary function, the time spent performing the auxiliary function may be recorded as "on-duty not driving time."
This is a clear (okay somewhat muddy) example of a driver ON DUTY at the controls who can log his time on line 4. The pertinent fact is that the CMV is in SOME kind "of operation." The regs make NO claim that a driver who is ROD by his employer, and therefore OFF DUTY, has any responsibility to record time at the controls of a CMV NOT IN OPERATION as either line 3 or 4.
By definining Driving Time, they are relating to ON DUTY time. And this guidance even shows that not ALL time at the controls of a CMV in operation are necessarily considered "Driving Time."
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There are no "spirits" present in the FMCSA regulations, even during Halloween. If the regulations say something, and/or the FMCSA has put guidance for that reg, and/or the courts have provided interpretation of that reg, those three things are absolute until one of those three things changes. You may believe that the authors of the regulation "intended" it to mean something, but until there is legal precedent to support it, that "intention" is irrelevant.
There WAS actually a lawsuit, and legal precedent established as part of this fight. There was MORE to it, in that SOME concrete mixer trucks are operated from the driver control seat, while others were operated from outside the truck. It was not "fair" to some companies that their drivers had to log line 3 while others could log line 4. Hence... the insertion of the words IN OPERATION. The fact that they did not correct ALL the pertinent regs to include this phrase is not MY fault, but that of the FMCSA. Something the government OFTEN fails to do.
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BTW, the way Trooper Dial worded the sentence you added the (sic) line to was correct. The error in typing was mine. So if you want to bash someone's grammar, bash my mistake of putting the word "to" instead of the word "of". :roll:
I made no allusion to whose error it was, and I don't care! I simply corrected it to make everything make more sense. I guess you could say I "clarified" it! :lol: I NEVER bashed his grammar, nor anyones. I simply questioned his AND YOUR comprehension of or explanation of the regs.
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Now if you'll excuse me, I need to go grab the latest edition of the Pilot magazine and head back to the bathroom to check the coupons. :lol:
TWICE in one day?? You got the Schlitz?? Might I suggest you pass on the Pilot magazine and read something more useful, like the REGULATIONS book?? :roll: