It was mentioned in the FECC forums a statement from the company is needed saying you are relieved from duty for breaks . Most of you are O/O's or independent contractors working for a fleet owner . You are the company , self employed . Can't you write yourself statement ? Wouldn't a carrier or fleet owner controlling your breaks put them closer to being classified as an employer ?
Logging off duty for breaks
- Thread starter Crazynuff
- Start date
The driver controls when, where, and how long they want to break. As a fleet owner I don't do anything to determine that. The drivers have to follow HOS rules where applicable, but those requirements are set by the government rather than the carrier or fleet owner.
moose
Veteran Expediter
Bou't 6 years ago i was challenged on the same by a scale officer ,
asking me hoe relived me of my duty .
i told him that i am the boss of my log and rig and cargo .
he then asked me hoe was incharge , and i told him i don't know but it was't me , and that i did not performed any duty while showing off duty.
then he asked me , if someone was to start messing with the cargo , or the rig cot fire ?
i told him , I'll first go into the cab , grab the log book , and show on duty ,
then i gonna kick the heck out of that someone , and putt the fire down...
Gotta love them Washington state DoT...
asking me hoe relived me of my duty .
i told him that i am the boss of my log and rig and cargo .
he then asked me hoe was incharge , and i told him i don't know but it was't me , and that i did not performed any duty while showing off duty.
then he asked me , if someone was to start messing with the cargo , or the rig cot fire ?
i told him , I'll first go into the cab , grab the log book , and show on duty ,
then i gonna kick the heck out of that someone , and putt the fire down...
Gotta love them Washington state DoT...
The truck is contracted to the carrier , not the driver . The letter needs to be from the employer . If the carrier wants to have contractors and not employees they don't have control over breaks .
Crazy, I think it has to do with the operating authority on this issue. I own my truck, I'm an IC, but I operate under the authority of the company.
To try to say it better, the carrier is responsible for DOT compliance. This would be in line with things like keeping logs and inspections on file.
To try to say it better, the carrier is responsible for DOT compliance. This would be in line with things like keeping logs and inspections on file.
Last edited:
nightcreacher
Veteran Expediter
What I've been told by safety in the past,was, since I owned the truck,when i stop my truck, its concidered a safe haven,which is far from the truth.
The carrier your leased to has to give you the written note that your not responsible for the truck when stopped after 15 mins.If your driving for someone,then the owner of the truck can give you this note.
If you find a JB HUNT driver,and ask to see his shiiping bills from the company,on the back of the bills you will see the permission.
The carrier your leased to has to give you the written note that your not responsible for the truck when stopped after 15 mins.If your driving for someone,then the owner of the truck can give you this note.
If you find a JB HUNT driver,and ask to see his shiiping bills from the company,on the back of the bills you will see the permission.
moose
Veteran Expediter
On the FX post regarding the EOBR & off duty ,
Nightcreatcher said :
" To be relieved from duty,you must have a note or card from the company saying that you are not responsible for the load or equipment after you have gone off duty for more than 15 mins."
here is my interpretation
this is not correct .
you are allowed to take time off duty while loaded and dispatched .
all you have to do , is show that you had a place to get rested , like your sleeper ,your home ,friends/family place, carrier terminal (if they have a place to get a long sleep , many do ), or a Hotel (better have a receipt),
if you are away from the truck/load , for any rezone , but not performing any work/driving , you log off duty .
same goe's to taking a shower , using a toilet at the rest area (for the few of us that don't have it onbord,) ,truck in the shop ,eating at a restaurant,londary , or climbing a mountain to see the sunset (guilty).
good night (!!!
)
Nightcreatcher said :
" To be relieved from duty,you must have a note or card from the company saying that you are not responsible for the load or equipment after you have gone off duty for more than 15 mins."
here is my interpretation
this is not correct .
you are allowed to take time off duty while loaded and dispatched .
all you have to do , is show that you had a place to get rested , like your sleeper ,your home ,friends/family place, carrier terminal (if they have a place to get a long sleep , many do ), or a Hotel (better have a receipt),
if you are away from the truck/load , for any rezone , but not performing any work/driving , you log off duty .
same goe's to taking a shower , using a toilet at the rest area (for the few of us that don't have it onbord,) ,truck in the shop ,eating at a restaurant,londary , or climbing a mountain to see the sunset (guilty).
good night (!!!
)
It must be a nightmare of planning those long security loads cross country when one driver needs to go potty and the second driver needs to be awake,,thus putting them on duty...or do they really bother...I mean whos watching...unless it is an escorted load...and does the escort really care and pay attention...
Agreed Especially in California. Break time is Man-do so say the Dot. If you logged the Break like they want you to you get a that a boy and move a long move along. Power Breaks are a good thing.
Last edited: