Got Pulled Over!

Topic 17330 | Page 5

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Mr M's Comment
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Lol yeah I know. Personal conveyance comes in handy when you a few miles from burger king and really want it your way ;)

Lmao

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Gtown does swift even allow This?

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He** no! The driver in question was a Prime L/O.

Tractor Man's Comment
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And, it has been almost a week and he has not been back to this thread. Dying to here about the outcome with Prime.

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Tractor Man's Comment
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Oops....hear not here.

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Rick S.'s Comment
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Personal conveyance is for personal reason. Ie getting lunch hair cut grocery shopping etc. It's not for furthering a load.

Telling the officer I ran out of time and used it well buddy that's what trip planning is for.

However if you used it because you woke up from a nap starved and thirsty well then.

In the original posters case - he wasn't put OOS - because he still HAD TIME ON HIS CLOCK. Had he been doing this, because he clock had run out - he would have gotten TWO CITATIONS - the log falsification (driving off duty) AND the driving while out of hours PLUS been put OOS (and not been able to move an inch) until he got time back on his clock (10 hours off/reset).

We are still waiting to hear back both from a Primate who was going to ask if this was BOBTAIL ONLY, and if the OP was actually told he could use it to do an equipment move to a rest area from a receiver after a drop (and I seriously doubt Prime would tell you this).

Every citation goes on Primes CSA score - and Pre-Pass or not, if their score starts to get bad (especially on log violations and falsifications), a lot of y'all Prime drivers are going to stop getting by-passes and start getting looked at.

Rick

Bobtail:

"Bobtailing" means you are driving a tractor without a trailer attached.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Mr M's Comment
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If they did tell him that it was unofficially

Rainy D.'s Comment
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Rick...I can absolutely tell you that I have been told by several dispatchers that off duty driving from a receiver to parking is not only permissible but preferred whether I have hours or not.

And I was once sitting for six hours waiting for a load and got tired of being on the street...wanted a restroom and food...and told I messed up the guys preplan...which makes no sense cause if he had a load he'd just assign it to me. Made me call logs and get it change to off duty driving. So yes, they encourage it

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
G-Town's Comment
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Rick...I can absolutely tell you that I have been told by several dispatchers that off duty driving from a receiver to parking is not only permissible but preferred whether I have hours or not.

And I was once sitting for six hours waiting for a load and got tired of being on the street...wanted a restroom and food...and told I messed up the guys preplan...which makes no sense cause if he had a load he'd just assign it to me. Made me call logs and get it change to off duty driving. So yes, they encourage it

Rainy you know I have great respect for you and Prime. However I sincerely hope you don't get caught with zero hours, logged ... Goes without saying they likely won't be paying any fines.

Rick...I can absolutely tell you that I have been told by several dispatchers that off duty driving from a receiver to parking is not only permissible but preferred whether I have hours or not.

And I was once sitting for six hours waiting for a load and got tired of being on the street...wanted a restroom and food...and told I messed up the guys preplan...which makes no sense cause if he had a load he'd just assign it to me. Made me call logs and get it change to off duty driving. So yes, they encourage it

Rainy you might want to scroll back a few pages and read Bud's post about this, highly relevant.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Rainy D.'s Comment
member avatar

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Rick...I can absolutely tell you that I have been told by several dispatchers that off duty driving from a receiver to parking is not only permissible but preferred whether I have hours or not.

And I was once sitting for six hours waiting for a load and got tired of being on the street...wanted a restroom and food...and told I messed up the guys preplan...which makes no sense cause if he had a load he'd just assign it to me. Made me call logs and get it change to off duty driving. So yes, they encourage it

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Rainy you know I have great respect for you and Prime. However I sincerely hope you don't get caught with zero hours, logged ... Goes without saying they likely won't be paying any fines.

double-quotes-start.png

Rick...I can absolutely tell you that I have been told by several dispatchers that off duty driving from a receiver to parking is not only permissible but preferred whether I have hours or not.

And I was once sitting for six hours waiting for a load and got tired of being on the street...wanted a restroom and food...and told I messed up the guys preplan...which makes no sense cause if he had a load he'd just assign it to me. Made me call logs and get it change to off duty driving. So yes, they encourage it

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Rainy you might want to scroll back a few pages and read Bud's post about this, highly relevant.

GTown,

I've read all the posts. I was just pointing out what I have experienced. And as a new driver I did what I was told. Now I do what I want hahaha.

I've since told dispatch flat out "no".

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
G-Town's Comment
member avatar

Sincerely glad to hear that Rainy.

Rick S.'s Comment
member avatar

Rainy,

How do you stay logged off duty, while you're moving? I thought it automatically changed to driving after a few minutes/over a certain speed? I know some systems allow you to LOG OUT of QC, and it keeps your Off Duty status going.

Rick...I can absolutely tell you that I have been told by several dispatchers that off duty driving from a receiver to parking is not only permissible but preferred whether I have hours or not.

And I was once sitting for six hours waiting for a load and got tired of being on the street...wanted a restroom and food...and told I messed up the guys preplan...which makes no sense cause if he had a load he'd just assign it to me. Made me call logs and get it change to off duty driving. So yes, they encourage it

And you might want to check with safety or logs on this point. Dispatchers are sometimes infamous for bending the rules (or just plain not knowing them - especially, if they aren't drivers or haven't worked in the safety department - they just MIGHT NOT BE AWARE of the rules). For most of them that aren't CDL holders - the most they know about HOS , is what they see on their screen when they pull up YOUR LOGS.

This is 150% a log falsification. It's the same exact scenario the OP got stroked for. If you are OUT OF HOURS ALSO - you'll get put OOS on the spot and get a second citation.

Let's re-visit the "guidance" from FMCSA.

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded? Guidance: a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home. A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.

At this point - I hate to see drivers getting BAD INFO from the company. And telling you that you can run from a receiver to a rest/truck stop as Off Duty/Personal, is not what the legal intent of this is. Telling you it's OK to run from the TS to Wal-Mart to go food shopping is. It's even legal to carry alcohol for personal use in the cab - if you are running "personal use" from a hotel/lodging to the liquor store and back (I'd REALLY be bobtailing for this one).

Heck, we're still debating whether you LEGALLY have to be "bobtail" in order to use this (as no one has gotten a "definitive" on exactly what constitutes "unladen" from FMCSA). I might have to email a friend over at OOIDA's regs department and see if they've ever gotten an exact definition from DOT.

And again (for the 4th or 5th time this thread) - the "personal use exception" is probably the most/easiest to ABUSE in the industry - which is why it better be REAL OBVIOUS if you get pulled or logs look at by DOT - that it actually was REALLY personal use - not some BS to stay off the clock.

Rick

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Bobtail:

"Bobtailing" means you are driving a tractor without a trailer attached.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    DOT:

    Department Of Transportation

    A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

    State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

    CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    Dispatcher:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

    OOIDA:

    Owner-Operator Independent Drivers Association

    Who They Are

    OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

    Their Mission

    The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

    HOS:

    Hours Of Service

    HOS refers to the logbook hours of service regulations.

    OWI:

    Operating While Intoxicated

    OOS:

    When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

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