Low prices are killing this month!ppl bending over like crazy!

Turtle

Administrator
Staff member
Retired Expediter
True only if you have not worked (driving or not) for compensation during that 7 day period. Current van rates being what they are, one could argue that these rates don't qualify as compensation. The FMCSA does consider it compensation though, therefore you are neither technically or legally Out Of Service for those 7 days. Regulations Section
So, a truck driver's very first day behind the wheel of a CMV would require him to log the previous 7 days that he was working at the Home Depot?

It is true that once you get behind the wheel of a CMV, like when a van gets placarded, that you are instantly a CMV driver and must comply with all of the HOS regulations. In that respect, any work performed for compensation in the previous 7 days should be logged as "on duty" (not "on duty driving" unless you were driving a CMV) and counted against your available hours for the week. If you feel more comfortable doing so, then by all means do so.
 

BigStickJr

Veteran Expediter
Retired Expediter
I agree with you John.
It cracks me up that so many complain about regulations and think the government should regulate to solve detention or rate issues.
 

MikeDamone

Not a Member
Researching
So since you guys are talking HAZMAT, do you have to have a sleeper that is completely sealed from the cargo area to haul HAZMAT? Is it the same with tanker, like those big plastic tanks in the cages?
 

BigStickJr

Veteran Expediter
Retired Expediter
So since you guys are talking HAZMAT, do you have to have a sleeper that is completely sealed from the cargo area to haul HAZMAT? Is it the same with tanker, like those big plastic tanks in the cages?

Do you have to put clothes on to fry bacon ?
 

Moot

Veteran Expediter
Owner/Operator
So, a truck driver's very first day behind the wheel of a CMV would require him to log the previous 7 days that he was working at the Home Depot? .
I reread section 395 and found no mention of Home Depot, Lowes or Menards. I did see some references to home terminal though. Maybe that's what got you started on the Home Depot thing, deviating from cargo vans, HazMat and logging.

Earlier in this thread you stated: "If you haven't operated a CMV in the last 7 days, you are technically and legally OOS for those 7 days, and that's precisely how they should be logged when you begin logging in a CMV again."
If you haven't operated a CMV in the last 7 days, you are technically and legally OOS for those 7 days, and that's precisely how they should be logged when you begin logging in a CMV again.

I pointed out that this isn't true if you had been driving a cargo van for compensation. I even supplied a link: Regulations Section
It is true that once you get behind the wheel of a CMV, like when a van gets placarded, that you are instantly a CMV driver and must comply with all of the HOS regulations. In that respect, any work performed for compensation in the previous 7 days should be logged as "on duty" (not "on duty driving" unless you were driving a CMV) and counted against your available hours for the week. If you feel more comfortable doing so, then by all means do so.

It is not a matter if I or anyone else feels comfortable doing so. It's in the regulations! Thank you anyway for the permission to do so.


With all of your hauling of HazMat for Con-Way why didn't you use the HOS Certificate instead of logging between HazMat loads? Logging when it wasn't necessary reduced your driving time and complicated your working time filling out logs. Check out paragraph J. Regulations Section
 
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Ragman

Veteran Expediter
Retired Expediter
Do you have to put clothes on to fry bacon ?
fry-bacon-naked.jpg
 

Moot

Veteran Expediter
Owner/Operator
So since you guys are talking HAZMAT, do you have to have a sleeper that is completely sealed from the cargo area to haul HAZMAT? Is it the same with tanker, like those big plastic tanks in the cages?
If it is an inhalation hazard, yes. The cargo area must be more than completely sealed. The cargo area must be a separate unit, like a box and a cab. A van with a bulkhead, no matter how well sealed doesn't cut it.
 
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Turtle

Administrator
Staff member
Retired Expediter
With all of your hauling of HazMat for Con-Way why didn't you use the HOS Certificate instead of logging between HazMat loads?
Because that's how Safety told me to do it. If I hadn't had a HAZMAT load within the past 7 days they had me fill out a HOS Certificate. Otherwise, they just had me log the HAZMAT load and continue to log for the next 7 days.
 

westmicher

Veteran Expediter
It's a lot easier than you might think to recreate the previous 7 days in a cargo van. Unless you've had another placardable within the previous 7 days, you simply log those days as OOS.
I was told by a MSP Post Commander that it should be noted on the log as No Logs Required instead of OOS. Technically a driver wasn't Out Of Service, but simply No Logs Required, regardless of service status. The term No Logs Required is completely accurate. Otherwise I agree.
 
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Turtle

Administrator
Staff member
Retired Expediter
I was told by a MSP Post Commander that it should be noted on the log as No Logs Required instead of OOS. Technically a driver wasn't Out Of Service, but simply No Logs Required, regardless of service status. The term No Logs Required is completely accurate. Otherwise I agree.
I was told the exact same thing by a MSP officer (at a Subway in Grand Rapids). He said OOS technically only applies to CMVs and that No Logs Required would be most accurate, even preferable to Off Duty.
 
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