HOS after Hometime question

Explain to your dispatcher, that technology has advanced further than his pea sized brain can comprehend. IE He can not grasp more than one thing at a time.

Satellite communication has been around fewer years, than the telephone has.

Then send him a pack of gum, and instruct him to try chewing a stick while walking. This will increase his productivity by at least 50%

 

Once you look for the message you are legally on line 4. Here's the rule:

TITLE 49
TRANSPORTATION CHAPTER III
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
PART 395
HOURS OF SERVICE OF DRIVERS
Table of Contents
Sec. 395.2 Definitions.

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; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post- accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; Performing any other work in the capacity, employ, or service of a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier.

Numbers 1 and 4 are applicable here.

The permission to be off duty as shown above must be in writing.

From a retired federal DOT official

 

Your dispatcher doesn't have a telephone? Why fire up the box just to see nothing?

I would call, and keep calling, or better yet, print out psandersons response, show it to them and prove they have started your 14 on the first check...they should be calling you if they have sent you home to await your next dispatch...in a sense they are pushing you into a corner with a log violation.

 

The written permission in this instance would also be inapplicable as it may only be used for meals and other such short periods. These time periods also count toward your 14-hours pursuant to the definitions found in part 395. Also note the authorization also only allows a driver to do this for routine stops which means that it is only applicable while on the road.


This letter authorizes our driver to be Off-Duty during meal and other routine stops.
The purpose of the Federal Department of Transportation Hours of Service Regulations
(Part 395) is to keep tired drivers from operating vehicles. Under certain circumstances,
however, it appears that enroute stops for meals or other routine purposes may serve to
lessen a driver's fatigue.

Therefore, this letter is authorization for you to record your meal or other routine stops on
your logs as Off-Duty, rather than On-Duty Not Driving as would normally be the case.
However, this may be done only under all of the following circumstances.

1. Your vehicle must be parked in a safe and secure manner so as to prevent
obstruction of traffic and theft or damage to the vehicle and cargo.
2. The off-duty period must be no less than 30 minutes and no longer than 60
minutes.
3. During the off-duty period, you are relieved from responsibility from your vehicle
and cargo.
4. During the off-duty period, you are free to leave the premises on which your
vehicle is parked and to pursue activities of your choosing, as long as your ability
to safely operate your vehicle is not impaired as required by Part 392, "Driving of
Vehicles", of the Federal Motor Carrier Safety Regulations.

Driver Supervisor Name and Date

 

*Question 31: If a driver is required repeatedly to respond to satellite or similar communications received during a 10-hour (8-hour for passenger transportation) off-duty period, does this activity affect a driver’s duty status?
Guidance: Yes. The driver cannot be required to do any work for the motor carrier during the 10-hour or the 8-hour off-duty period. A driver who is required to access a communications system for the purpose of reading messages from the carrier, responding to certain messages (either verbally or by typing a message), or otherwise acknowledging them, is performing work. For the purpose of this guidance, “repeatedly” means a pattern or series of interruptions that prevent a driver from obtaining restorative sleep during the off-duty period.

Be safe.

 

I read the regs and agree that the dispatcher and associated manager should use the phone to improve efficiency and team spirit... That being said, couldn't this be considered picking nits and just make it tougher on the driver?

 

thank GOD the Co. i am with now will not even send a msg on your 10. they wait till you have gotten on the highway so ya have to pull over LOL. we also get a preplan before we even get to the house for hometime.
at USA i had to get to my truck, send in a "return to work" macro and wait "usually in the sleeper) for a load sometime up to 5 hours.