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Old 06-27-2007, 05:33 PM   #1 (permalink)
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Logging Issues

There has been many discussions we have listened to among drivers. If you own your truck and your truck is your only form of transportation and you use the truck for personal use such as going to the grocery store, Wal-Mart,Home Depot or various other personal uses do you have to log?
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Old 06-27-2007, 05:33 PM   #2 (permalink)
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RE: Logging Issues

It's my understanding, if you are not on a load, you can use the truck as a personal vehicle and not log it.
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Old 06-27-2007, 05:35 PM   #3 (permalink)
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RE: Logging Issues

FMCSR says that a driver does not have to log normal work ( lodging,
resturants, etc. ) as long as vehicle is not laden ( Loaded ). And you
are traveling a short distance.

This also follows under the rule of completing a run going off-duty
and driving home. As long as you are NOT dispatched to do so.

If you are dispatched from home or to home you are to log that on-duty.

While you are home you are using it as a personal conveyance. You log
off-duty.

It all falls under the common sense parchute.

Keep-it-simple !!
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Old 06-27-2007, 06:18 PM   #4 (permalink)
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RE: Logging Issues

Hi I was told years ago that If you leave your house to go pickup a load and you run a few runs or a few days,weeks what ever you can log off duty back to your house.Also no matter what you do when your not In service you are to log off duty...
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Old 06-27-2007, 06:24 PM   #5 (permalink)
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RE: Logging Issues

I would love to hear the veteran drivers on this one. But, in the meantime, I was told during training, if the wheels are moving you better be logging. Now, if you are only driving in your 'home base' town you do not have to log as long as it is within I believe 100-miles. Nice thread - let us hear from you 5-20 plus year veterans now!

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Old 06-27-2007, 06:44 PM   #6 (permalink)
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RE: Logging Issues

Plese post link where FMCSR says you can drive truck and not log movement.

Thanks
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Old 06-27-2007, 07:32 PM   #7 (permalink)
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RE: Logging Issues

395.8 question 26 is the only thing I have come up with so far.
Question 26: If a driver is permitted to use a CMV for personal reasons, how
must the driving time be recorded?

Guidance: When 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 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 CMV to any location to obtain rest.
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Old 06-27-2007, 07:43 PM   #8 (permalink)
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RE: Logging Issues

Sometimes it depends on your carrier. We have gotten numerous violations for running the truck to the shop for repairs near home when off duty. Then we tried logging just who drove the truck to the shop and got violations on the other driver not logging on duty not driving. I have figured out if you pull the fuse on the QC then you don't have to log miles because the satellite can't see your truck to track your every movement. Haven't needed to use it yet though. Panther uses the QC like a black box already.
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Old 06-27-2007, 07:44 PM   #9 (permalink)
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RE: Logging Issues

I was told that once you leave your base, you are responsible to log driving until you return to that base. I tried to argue the 'vacation' concept of returning empty to home. That didn't cut it. If I keep it local, as far as getting groceries, meals, etc., I don't log it. If I'm moving a good distance, it gets logged.

Using the truck for other than commercial use... This has been explained and argued before. It's up to your carrier how they want you to log it... off duty or driving. Either way, I'm sure they'll want you to cover your signs with 'not for hire'. For you to log off duty, you have to have been home since your last load. We've had arguements about scaling. The general consensus is: when in doubt, scale. Since there's no clear cut rule, scale.

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Old 06-27-2007, 07:48 PM   #10 (permalink)
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RE: Logging Issues

Well some of your are real close. You may drive your Unladen vehicle as a personal conveyance. The DOT web site addressed this in the FAQ section until the 2005 five rules went into effect. That interpretation still is in effect because the 2005 rule did nothing to change that.
The problem is that they never told you how to do it. If it were me I would have my log book completely up to date, and then log it on line one with a flag showing that @ 16:15 Memphis, Tn. Truck used as personal conveyance.

As far as it goes when you use it as a personal conveyance to drive to your home terminal to start work, and then when you return from your home terminal to your House, you may do so. BUT the truck MUST be empty. Since expediters typically don’t have a terminal, that will not apply to us. It must be the terminal that you normally report to, and can only be one.

You may NOT drop off a load and then drive on home as a personal conveyance. In order for that to happen you MUST go back to the terminal, and then travel home.
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Old 06-27-2007, 07:51 PM   #11 (permalink)
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RE: Logging Issues

BTW, good thought John but LEAM ain't allowing it, thats the problem they say we cannot even go to the store or to a resturant, or most importantly to a safe place to get some rest after we deliver and are relieved of our responsibility for the load, right now I am sitting in a lets say less than ideal place after delivering this morning waiting to get my hours back, soon I am going to be able to move, the nearest T/S is about 20 miles away and I am going to go there of course the clock starts when I move, sure hope I don't get a load offer that I will have to turn down because I moved 20 miles and don't have enough time to do the run, I am also looking foreward to the restroom facilities as the bushes are full of poison ivy lol one good thing though Landstar has put me on an interesting diet,since the nearest resturant is about 3 miles away and too far to walk too, on the downside I haven't been able to sleep all day because of the unsafe place I am forced to park but I am logging it just how I am doing it 10 hrs. in the bunk watching thermometer rise and the clock tick by, should get a good nites sleep though since it will have been at least 35 hours since I last slept should pass out real easily. Safety First you know
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Old 06-27-2007, 07:51 PM   #12 (permalink)
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RE: Logging Issues


See how long it takes me to type.


riverrat2000's got it right. I could not find the link.
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Old 06-27-2007, 08:17 PM   #13 (permalink)
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RE: Logging Issues

Sorry but there is one mitigating factor in all of this; the FMCSR rules don’t supersede the states interpretation or their actual rules.

I have been told a bunch of times, the rules are guidelines unless there are no rules from the individual state then the rules apply – hence what is allowed in California may not be allow in New York. And to add to this, the individual officer has latitude to determine what he/she can interpret within the rules and where you stand during your on duty/drive cycle.

I have been told a simple rule, the wheels move – your clock is ticking and it is on duty/drive time regardless. I have asked this question (among a couple others) to every officer who has inspected my log, 7 in total and everyone has said the same exact thing.
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Old 06-27-2007, 08:29 PM   #14 (permalink)
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RE: Logging Issues

Hi Guys;
How does it work with driving a Sprinter Van !
Since you do not log and you use it for personal use !
Thanks
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Old 06-27-2007, 08:35 PM   #15 (permalink)
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RE: Logging Issues

Interpretation is 99.9% of the law.

I actually had a DOT officer in South Dakota give me a overweight ticket for being EMPTY.. (That's a long story)

How much revenue do that need that day, and how big of a jerk do they want to be..

I've learned to bend over backwards and be nice to them, and normally they will let BIG things, as well as small things slide..
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