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Personal use of a Commercial Vehicle

Discussion in 'General Expediter Forum' started by RichM, Apr 6, 2006.

  1. RichM

    RichM Veteran Expediter Charter Member

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    In the April 1-14 issue of the Trucker Newspaper on page 44 there is a column called "Ask the law".

    A driver wanted to know if he could log off duty when he was using the vehicle for personal use.

    The reply came from a Senior Texas Dot Enforcement officer and he stated that the following interpretation of off duty time comes from part 395.8. He stated that when a driver is relieved from work and all responsibility of performing work has ended then time spent traveling to his home or motel can be logged off duty. The type of conveyance does not matter as long as it is unladen. When a driver is then dispatched again from his home, he would then be on duty when he leaves home.

    Since in expediting we do not have terminals to travel to could this rule be interpreted to say that when we are deadheading after a shipment and going back home, we do not have to log driving, just off duty.

    I looked through part 395.8 today and could find no reference as to this senario. My book was published in June 2005 so I wonder if this was an update or change. If so it could really help out on the 14 hour clock rule. Does anyone have any information on this.
    N
     
  2. Florida

    Florida Expert Expediter

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    "Since in expediting we do not have terminals to travel to
    >could this rule be interpreted to say that when we are
    >deadheading after a shipment and going back home, we do not
    >have to log driving, just off duty. "

    Driving and operating a motor vehicle behind the steering wheel and not logging it down as "driving"??

    I don't think that would even fly down here in the wierd state of FLorida where the *rules simply do not apply..*

    This is a good one; I'm going to check with our friendly US FLA DOT motor carrier compliance people to see what they say. I would go along with ON DUTY perhaps and not driving, but even then there would have to be some major "roadside justice" explaining to do with a local county or rural cop.

    That is where getting everything down on paper in writing, with signatures or email contacts will save the day.

    ------------------------------------------------------------------

    >In the April 1-14 issue of the Trucker Newspaper on page 44
    >there is a column called "Ask the law".
    >
    >A driver wanted to know if he could log off duty when he was
    >using the vehicle for personal use.
    >
    >The reply came from a Senior Texas Dot Enforcement officer
    >and he stated that the following interpretation of off duty
    >time comes from part 395.8. He stated that when a driver is
    >relieved from work and all responsibility of performing work
    >has ended then time spent traveling to his home or motel can
    >be logged off duty. The type of conveyance does not matter
    >as long as it is unladen. When a driver is then dispatched
    >again from his home, he would then be on duty when he leaves
    >home.
    >
    >Since in expediting we do not have terminals to travel to
    >could this rule be interpreted to say that when we are
    >deadheading after a shipment and going back home, we do not
    >have to log driving, just off duty.
    >
    >I looked through part 395.8 today and could find no
    >reference as to this senario. My book was published in June
    >2005 so I wonder if this was an update or change. If so it
    >could really help out on the 14 hour clock rule. Does anyone
    >have any information on this.
    >N
     
  3. Tennesseahawk

    Tennesseahawk Veteran Expediter

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    I had that same debate with an OH scale master. It's all going to depend on how they interpret the rules. The way I see it, if the DOT#s are covered, and you have a "NOT FOR HIRE" on your truck, it's a personal vehicle. However, I wouldn't try running by scales. And have your logbook with you, even if you're logging off duty. That way, they at least understand what you're doing.

    One note on the personal vehicle thing... I don't believe it would fly if you were on the way home after dropping off a load. Your home is your terminal, and that's where you have to stop before using the truck for personal use. I suppose you could make an arguement if you decided on vacationing before you went home, but that could end up biting you in the butt.
     
  4. RichM

    RichM Veteran Expediter Charter Member

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    Hawk makes a very good point that I didn't think of.Your home is your terminal,but is it your terminal all of the time??
     
  5. highway star

    highway star Veteran Expediter Owner/Operator

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    What is the definition of a terminal? If you're leased to FedEx would'nt your terminal be in Green, Oh? Can it just be an office or would there have to be docking and would the truck have to be parked there?
     
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