Quote:
Originally Posted by Rev.Vassago
You would be wrong. The fact that he is an O/O is irrelevant. All time servicing a truck (which would include time driving to the dealer to have it serviced) is On Duty time, which means that the time driving would be on line 3.
No surprise, I'm sure.... but, I disagree with you Rev!
So, what YOU are saying is that the ON DUTY reg applies to an O/O (on his own hometime) while servicing his truck.... but NOT the alcohol carrying prohibition? Cuz.... that is what the FMCSA guidance says.
Quote:
Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?
Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.
This goes directly to our "discussion" about the On Duty reg. Since it is CLEAR that the regs say you can drive your truck home OFF DUTY if you are unladen and ROD... AND that you are exempt from the alcohol prohibition reg while doing so.... it is clear to ME that the rationale is that ALL subparas of the On Duty reg are
subordinate to the TOPIC sentence that distinguishes between being ROD and being ON DUTY.
Quote:
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.
Obviously, subpara (3) "driving time" does not apply to any PART of your break time at home or on the road if you can log off duty while driving home. Why then, would you need to log line 3 if you wanted to drive your own truck to the grocery store OR to have it serviced? Besides.... note that
Scott didn't say HE was servicing the truck. He said he TOOK it to be serviced.
And.... if (as I claim and have shown) subpara (3) is subordinate to the topic sentence criteria, then so would subpara (2) AND subpara (4)
and all others. If not.... then once you got home, you would not even be able to enter your truck (or stand on the catwalk) for ANY reason during your 34 hour break without busting it. You can't clean it out. Can't take it to be painted or washed. Can't work on the generator. Nothing!
Almost forgot. You red-lettered subpara (8) in your post. By YOUR definition, this would include billing your customers and doing your "books" or filing your taxes. How about cashing your checks at the bank? Oh.... and don't BE on the load boards looking for a load during your 34 hour break!
Now... if YOU think that makes any sense, I submit that you are the LAST and ONLY one on this forum who DOES.
Let's see if this makes sense: You return to your terminal and are ROD'd for your 34 hour break. You can drive 8 hours or whatever to get to your home.... OFF DUTY. This time counts toward your 34 hour restart. Now... you GET home and are no longer driving (the part the guidance clearly exempts,) and you need to UNLOAD your dirty laundry. Ooops! You are ON THE TRUCK and not driving... and not resting in the sleeper!
By god.... the Rev says you must log this time as line 4!! Start your 34 hour restart ALL OVER AGAIN! :hellno::roll:
Your contentions defy ALL logic, Rev! EVEN that of the FMCSA. :eek2: