sleeper berth vs. non sleep: Off-Duty in a Daycab?

Discussion in 'Questions From New Drivers' started by TLO7409, Feb 3, 2012.

  1. Green Machine

    Green Machine Medium Load Member

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    Well many companies don't allow you to split your breaks like that. You start doing it and make just one mistake and it could cost you because everything after that would technically be illegal.

    But like you said, there are posts/threads explaining how to do it, but when I was running OTR I seen no real use for it. Even if I did find a use for it, my previous company didn't allow it and my current company doesn't allow it.
     
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  3. mgfg

    mgfg Road Train Member

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    Lonesome and RickG Thank this.
  4. RickG

    RickG Road Train Member

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    Not exactly what it says .
    http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/hos-proposed.aspx
    If you are doing paperwork or performing other duties you are still on duty in a parked CMV .
     
  5. Roadmedic

    Roadmedic Road Train Member

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  6. CondoCruiser

    CondoCruiser The Legend

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    Yep, no receipt, it's hard to produce one if you stay at friends house. But if you tell them you stayed in a motel, they can request the receipt. Kind of a gray area. But officer, I got my rest in a cat house! See this hickey! :)

    373.103 The carrier shall keep a copy of all expense bills issued for the period prescribed at 49 CFR part 379. If any expense bill is spoiled, voided, or unused Code of Federal Regulations85 for any reason, a copy or written record of its disposition shall be retained for a like period.

    395.8 (k) Retention of driver's record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.
     
  7. cc tanker

    cc tanker Medium Load Member

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    I have spent 99% of the last 11 years running a daycab and staying in motels in that time I have been DOTd many times and only once I was asked where I stayed and I replied at the Holiday Inn in ( I think it was Thomason Ga) and the dot man asked to see the reciept ..
     
  8. RickG

    RickG Road Train Member

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    Some people just don't know how to interpret the regulations . IF you stayed at a hotel the receipt is a supporting document and you need to show it to verify you were where your log book says you were . If you logged off duty and didn't stay at a hotel there is no issue . FMCSA has no authority to inquire regarding any off duty activity .
     
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  9. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Listen to Rick G. and lostnfound. They know their stuff. And I'll add, when you're off duty, (not sleeper) you may do whatever you want. Including "NOT sleeping", sitting in the truck stop lounge, drinking coffee in the restaurant, calling home, going to a movie, spending the night with friends etc. etc. etc. I dare say you can even sit in your truck, either seat, but you can't log sleeper in a day cab.
     
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  10. Kittyfoot

    Kittyfoot Crusty Ancient

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    Junior, if I have a problem with you I will say so directly, not hint around. So get the hell over yourself right now.

    But right here, what you or any other driver interprets the laws to be don't mean squat. What counts is what the auditors say because they are the ones who can pull your carrier's operating authority.

    Furthermore; OFF DUTY means exactly that... away from control of the truck. EG, in a motel room or home. Sleeper berth means in an attatched bunk, not possible nor legal with a day cab. No "interpretation" applys.
     
  11. RickG

    RickG Road Train Member

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    The times they are a changing .
    http://www.littler.com/publication-press/publication/transportation-companies-must-plan-and-implement-changes-2013-comply-n
     
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