Technical log question...

[OntarioVanMan]

so you are not on a load....sitting waiting for one....phone rings with an offer....turn it down and again it rings....

The question is:...
Does the log start from that first call?...because it appears you are "ON duty not driving" as you are conducting business over the phone...

 

[zorry]

I'd say technically it does, but it's not enforced.

My bro, the phone man, if he answers a call out is on the clock from the time he answers the phone.
Not related, but an interesting fact, to me, of working in a more labor friendly environment.

 

[cheri1122]

Um, technically, the log never ends - it's 24/7/365. I'm sure you meant to ask whether the 14 hour workday starts when the phone rings, and the answer is no, because it is less than 6 minutes, and there's no way I'm logging it.

 

[zorry]

Electronic logs will log one minutes activity.
There is no 6 minute minimum.

Great question. When Roadway called, it did not " start our clock" for log purposes.
It did start a clock that gave us 2 hours to arrive, prepared to work.

I'll stand behind previous statement unless OP has some fine print.

Seems like he's just log exempt troublemaker.

 

[Turtle]

so you are not on a load....sitting waiting for one....phone rings with an offer....turn it down and again it rings....

The question is:...
Does the log start from that first call?...because it appears you are "ON duty not driving" as you are conducting business over the phone...

The biggest issue is that while you are on the phone you are not performing any work (compensated or not) in the capacity, employ, or service of, a motor carrier, or, performing any compensated work for a person who is not a motor carrier. You are off-duty and are thus free of responsibility and obligations to the employer, vehicle, and cargo during the off-duty status, including being free to walk away from the vehicle if you choose.

 

[cheri1122]

Electronic logs will log one minutes activity.
There is no 6 minute minimum.

Great question. When Roadway called, it did not " start our clock" for log purposes.
It did start a clock that gave us 2 hours to arrive, prepared to work.

I'll stand behind previous statement unless OP has some fine print.

Seems like he's just log exempt troublemaker.

Yes, it do seem like that, don't it?
So here's the official answer, courtesy of Terry O'Connell, who knows everything - or at least where to find it fast, which is maybe even better, lol.

I hate to disappoint; however, a DOT Q&A interpretation of the regulation is as follows:

Do telephone calls to or from the motor carrier that momentarily interrupt a driver's rest period constitute a change of the driver's duty status?

Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver's off duty status.

Really: who'd have expected them to be reasonable, eh?

 

[OntarioVanMan]

The biggest issue is that while you are on the phone you are not performing any work (compensated or not) in the capacity, employ, or service of, a motor carrier, or, performing any compensated work for a person who is not a motor carrier. You are off-duty and are thus free of responsibility and obligations to the employer, vehicle, and cargo during the off-duty status, including being free to walk away from the vehicle if you choose.

there was a thread awhile ago and we were bantering about the washing of ones truck and doing say an oil change....some considered that "On Duty, Not Driving"

 

[beachbum]

This is from the FMCSA's web site on phone calls

Question 5: Do telephone calls to or from the motor carrier that momentarily interrupt a driver’s rest period constitute a change of the driver’s duty status?

Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver’s off duty status.

 

[Turtle]

there was a thread awhile ago and we were bantering about the washing of ones truck and doing say an oil change....some considered that "On Duty, Not Driving"

Some were correct.

"On-duty time shall include:

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;"

Fueling, washing, oil changes, that's all On Duty.

 

[OntarioVanMan]

Some were correct.

"On-duty time shall include:

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;"

Fueling, washing, oil changes, that's all On Duty.

so these drivers using the FREE wash bay had better be logging the time.....

 

[cheri1122]

so these drivers using the FREE wash bay had better be logging the time.....

I didn't know you were a log monitor - probably cause they never announce demotions.

 

[mjmsprt40]

It makes me glad I'm under 10K. I have enough on my plate without having to worry that getting an oil change is "on duty" even though nobody has called me for paying work in three days, or worrying that a call for a run that I turn down might change my "duty status".

 

[OntarioVanMan]

I didn't know you were a log monitor - probably cause they never announce demotions.

I see you guys working on your trucks.....sneaky straight drivers...Dora might see you....p

 

[coalminer]

so you are not on a load....sitting waiting for one....phone rings with an offer....turn it down and again it rings....

The question is:...
Does the log start from that first call?...because it appears you are "ON duty not driving" as you are conducting business over the phone...

The way I read it, any time you are sitting waiting for a load, you should be "on duty" now as we all know, we don't log it that way, but the way I read the rules that is the way it is supposed to be. As for a phone call interrupting a rest period, that makes sense, how would they prove it was a work phone call anyway.

If we had to log "on duty" as soon as the 10hr rest period is up, lets say 8am, since that is when we are available, and we get a load at lets say 5pm, we only have 5 hours on duty time left to complete said load, which unless you are a team, no way to do anything but short loads.

Now obviously there would be no way you would go on duty until right before you have to leave to pick up said load so you have your full hours. So we have to bend the rules every day

 

[cheri1122]

I see you guys working on your trucks.....sneaky straight drivers...Dora might see you....p

Dora won't see me, unless she happens to shop at Meijer's, because, the way I read the regs, that [grocery shopping!] is technically 'on duty, not driving'. The exceptions are time resting in or on [?] vehicle, in the sleeper berth, or in the passenger seat for 2 hrs adjacent to sleeper berth [a bonus for teams]. Grocery shopping while waiting for a call from dispatch is none of those, ergo.....

 

[Turtle]

Waiting for a call is not performing work.

 

[zorry]

Waiting for a call is not performing work.

There is/was verbage about waiting for work assignment/ paperwork was considered on duty time.
Typically aimed at people waiting a work assignment while required to stay in break room/office area waiting on your next assignment.
We are typically relieved of duty between runs.

 

[cheri1122]

Waiting for a call is not performing work.

I know that, but

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. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;


If I'm required to be in readiness for work, [in service], waiting in a public place, [Meijer's], that fits the definition of 'on duty, not driving', correct?
The only exceptions are in the sleeper berth, or [for teams] the passenger seat.
A by-the-book interpretation is that 'in service' equals 'on duty', when not in the sleeper.