Quote:
Originally Posted by Ckrobin
The guys on the Road Dog show said this topic was poorly covered in the rule book. This leaves the subject open to many interpretations. This means that ultimately it doesn't matter what yours, your lawyers or my interpretation of the law is. It comes down to the DOT with the ticket books interpretation. Sure you might be able to fight it in court, probably at a higher expense that the citation. Because of this they recommended only using it if you are returning to the place you went off duty. Or maybe if you are going somewhere out of the way of your next dispatch as there is no real way to prove (at least to that ticketing DOT) if you are under dispatch or not.
I never listen to Road Dog type shows. I used to argue the regs with Rev Vassago here on CAD. Boy... those were some good times. Point is... I researched the regs back to front and front to back. Read ALL of the "interpretations," and even checked the FAQ's on each ruling. I don't have time to do it all over again for you... tonight. But, I will if I must. The FAQ's (produced by the FMCSA) made it crystal clear that being "unladen" meant NOT being under dispatch (and or not having a LOAD.) They also made it clear that it didn't matter if you had a trailer or not... IF you were unloaded and NOT under dispatch to your next pick up, you were "unladen." You understand the term "Bill of Lading?" Same root word.
This is how drivers go HOME for their resets. Many of them drag empty trailers with them. WHY would ANYONE return to their last delivery where they went off duty? BTW... you might also want to argue with me that you are allowed to stop and buy a case of BEER on your way home (as long as you don't open one,) because the CMV is not "in operation in interstate commerce" at that time. [Unless your company prohibits it.]
I suppose the officer might not believe you when you say you have no bill of lading (which is required if IN OPERATION,) but you could call your dispatcher and have him tell him so. You could also have him look inside your EMPTY trailer. If you use Elogs, simply select "Off Duty Driving." There is no time limit on this status. If you use paper logs, log it the same way. You sign to attest to the validity of your logs. If they want to question it in court... they will lose.
I pull doubles for Fedex Ground. Sometimes... they send us between terminals with empty trailers, but we are still under dispatch. So... that doesn't count as off duty driving. You see the difference? When a dispatcher tells you your delivery is complete and you should go "hang out" until he has another load for you... you are OFF duty... UNLADEN... and not subject to the HOS.
I agree that MANY of the regs are poorly stated or worded and leave some room for interpretation. But, this one is quite clearly defined and even specifically clarified as to the question of bobtail or empty trailer. Have YOU read the regs on this? The "adverse condition" one is a bit more blurry. Check the FMCSA reg site and get back to me if you are still confused.