off duty driving

Crazynuff

Veteran Expediter
I've started delivering camper trailers with my Dodge dually . Saturday I made a delivery to a dealer in Tamps .Since FEMA bought thousands of campers for people left homeless by hurricanes I can count on deadheading out of Florida . My dispatch office is closed on weekends so weekend dispatch is set up on Friday .I was told I could drive home to KY and call Monday for a load BUT I would have to log the hours driving home . I tried to dispute this since I was not assigned another load . How can I be considered on duty ? Since I didn't get home until Sunday morning I'll have to take Monday off and get a 34 hour restart or I'll be out of hours by Tuesday . I agree if I deadheaded to an assigned terminal I'd have to log that but I was not given a load , only told to call Monday . I have a CDL-A and the whole purpose of buying a pickup was to be able to take ocaissional time off to visit relatives who live out of state and do a little sight seeing . How do expediters log their time between loads ?
 

Glen Rice

Veteran Expediter
Unfortunately straight trucks do log all miles and time. I'm not sure why you would need to log your deadhead. After delivery, the vehicle turns into just "Your personal vehicle". I wouldn't bother with dispatch, I would contact the log or safety department. Hope this helps. I've had friends do what you are doing and I'll have to talk to them. They did your type of transport 8 years ago. I'll get back to you with an update if I learn how to exempt logging return trips.
 

Crazynuff

Veteran Expediter
Thanks for the reply . Besides bobtail insurance I have personal insurance on the vehicle . It was really difficult to find an agent that would provide both . Just think how much logging this way would restrict my revenue miles .
 

raceman

Veteran Expediter
I don't think that makes since. Once you dropped in your type of truck you were then on personal time. Better call safety. I agree with Glen.


raceman
 

Crazynuff

Veteran Expediter
I called corporate safety and they said the same thing - after you deliver you are on duty until you get home . It makes no sense at all . What if I decide not to go home and take a day off near my delivery point . Do I stay on duty whenever I'm behind the wheel ? We even have magnetic signs so after delivery the truck has no company markings when the signs come off .
 

pellgrn

Expert Expediter
I would read your contract,if your under 10,000 pounds you don't have to log,unless your company or your INS company dictates per contract you must.I bet the expediting companys who use vans would love this arrangement,i personally would have to find another industry.
 

Crazynuff

Veteran Expediter
My gross is 26,000 . Actually the factory gcvw is 23,000 . I have an 18,000 lb. fifth wheel but the heaviest trailer I deliver is a little over 13,000 . The business is good but there's about 30% deadhead . Pay is over $.93 loaded mile , over $1 with some companies . There's plenty of work . No waiting for loads .
 

raceman

Veteran Expediter
I tell you the more I think about this I am just not sure how that can be. Maybe you should run it by the insurance folks. This does not make sence if I am understanding what you are driving. I hope you find a better answer but this is sounding right.



raceman
 

eldomike

Expert Expediter
I was just today speaking with someone about this sort of thing....they said, if your truck GVW is 10K or less and your total with trailer is 26K or less you shouldn't have to worry about following DOT regs...but then, your contract may say different.

EldoMike
 

raceman

Veteran Expediter
I just spoke to a freind and he said once the drop is done and you remove your signs, that is your vehicle. He hauls under his own authority but did not know how this would be different. It must be as others are saying and have something to do with your contract but he still says it makes no sence. He said you should run it by DOT get that input and if they say it is not and issue you can then question the contract or the insurance. Now I don't think you can get it chanmged if it is an insurance issue. I wish you best of luck that seems it could be a business/personal nightmare. I have considered that business a number of times and never heard anything like that but to be honest I did not nor would I have thought to ask that question.

raceman
 

terryandrene

Veteran Expediter
Safety & Compliance
US Coast Guard
I don't have your problem in my less than 10,001# van but here's what I know about Missouri's DOT regs: Any commercial vehicle with a REGISTERED WEIGHT over 12,000 pounds, operating beyond local, must log and scale in Missouri. The latter is regardless of the GVWR. Perhaps your carrier is using your state's regs as a basis for its decision. You are, in essence, a bob-tail when you're off-duty. Don't other bobs have to log when they are trailorless?
 

Fr8 Shaker

Veteran Expediter
I don't think your safty dept. knows what they are talking about. After you make the delivery and take off their signs you are out of service and not running under anyones authority. Your no different than any other pickup truck running down the road.
Your personal vehicle is YOUR PERSONAL vehicle, NOT the company you work for. You might want to look into another company to run trailers for.


Best of Luck,
Fr8 Shaker
 

Crazynuff

Veteran Expediter
Insurance is a good point . The company required me to obtain bobtail insurance but stated it should not take the place of my personal insurance . Several insurance agents told me I could not have both coverages but I finally found one that would provide it . The company stresses not registering over 26,000 . We are required to log and have a DOT physical . We scale when loaded . I probably should when unloaded but don't when I'm unloaded off duty because it seems to be inviting trouble . One of our drivers has a copy of a letter from the DOT to a similar company he worked for authorizing going off duty after delivery unless immediately assigned another load . I asked what to do if I decided to spend a couple of days in another state after unloading and then head home for a day before calling for a load ( they never call a driver at home to dispatch . The drivers call in or show up at the terminal . There is always plenty of work . ) They said I could go off duty and not log that driving in the other state but would have to start logging driving when I headed home . I e-mailed the DOT yesterday and am waiting for a reply but I'm heading out today without an answer . I probably could have chosen a better company . They have one dispatcher for over 500 drivers . There is no dispatch on weekends . If the phone lines are all busy ( and they always are Friday afternoon and Monday morning ) you get a recording and can't leave a voicemail . Another company has online dispatch where you can see what's available and set up your load online . This company has several terminals around the country but if we want a load out of another terminal near the area we deliver it's up to us to call that terminal . I'll talk to other drivers and learn more about getting loads . Experienced drivers get 8,000 - 10,000 loaded miles per month so the company does have good potential .
 

trhoades

Expert Expediter
I just contacted the Michigan DOT on this issue, due to the many different things I've heard on this particular subject. I was told that you can not log off duty till you return to the place you are dispatched from. So, for instance, I take a load to Lima, OH, deadhead back to Taylor,MI, (home terminal from which I am dispatched). Then, from there to my home can be logged off-duty. I am not sure if this is a federal reg or a state reg, so you want to call your home state. Hope this helped.
 

RichM

Veteran Expediter
Charter Member
About 6 years ago I contacted Bennet Transportation about this business and still have the info.They said you only have to log when you are pulling a load. This may have changed. I think a phone call to the Federal DOT would be usefull. I have called them in the past and they want to help and work with you.
I have also heard once from the TN DOT that if you own the vehicle and are not engaged at that moment in commercial operations it is considered a POV and log book rules do not apply. I think sometimes it's the carriers insurance program that is worried about you getting proper rest. FdxCC limits the hours for vans on an internal basis even though they are under 10,000 GVW. Sooner or later some young hotshot with the DOT will decide to make all vehicles engaged in commercial hauling on a otr basis subject to log rules.
Of course Joe Sixpack can work a double shift, hop into his 40 foot RV pulling a trailer and drive straight through as long as he wants to.
 

6whlRob

Expert Expediter
You need to log back. They way DOT see it, and have for a couple years now, is that you are claiming the expense for you return trip so you are not off duty. You can't have your cake and eat it too!!!!!
 

raceman

Veteran Expediter
As you read this note keep in mind I drive and own straight trucks and a tractor daycab now and then. I do not know your business but I spoke to a guy this afternoon and ran this by him as something I had heard. He told me that some companies do this so you can not pick up back haul for another company. I have no idea no shoot me if that is a whacked answer. It made a bit of sence to me when he said it.


---Why hug a tree when you can sit on a Diesel---

raceman
 

Crazynuff

Veteran Expediter
The thing is I don't always return to the same terminal . I have picked up in TN , delivered in FL then went home to KY for the weekend not knowing where I would pick up next . I ended up picking up in KY then delivered in FL again and went back to the KY terminal and delivered to AL . Now it's back home for the weekend not knowing where I will load Monday but it probably won't be KY . That's my point . At the end of the week I don't have an assigned terminal to go to . How can I be on duty ? With the 14 hour clock what happens on a Friday if I start back and decide to stop and visit someone or do some sightseeing before continuing back ? Wouldn't all that time count towards my on duty day ? I e-mailed the question to the DOT and they forwarded it to the FHWA .
 

Tennesseahawk

Veteran Expediter
Here's the scoop, Crazy. I ran into the same thing, and had an arguement with a scalemaster about it. I was told before that, once you were done with the business side of things, you could log OFF DUTY on your way home. Scale guy said that's only after I get home. We agreed to disagree (can you believe that one??? :7 ) and I went on my way. Apparently though, the business side of things is not concluded until you are DONE with business... which is finishing your trip home. After that, I was told I could use my truck like an RV and drive till my heart's content without logging, AS LONG AS it's not being used to make a profit. Then I would have to go back to logging.

So... If you are officially on vacation with it, you can log OFF DUTY. But anything to do with business you are on the driving line. I would argue that if you are on vacation in between runs you could do OFF DUTY, but that's what my arguement was. His point was that the load is what got me out that way in the first place... thus Driving.
 

Crazynuff

Veteran Expediter
The thing is I don't always return to the pickup point . Log ODND while on vacation ? With the 14 hour no stop clock rule I'd be out of hours when I decided to go back to work . I thought I posted another reply but don't see it so excuse me if I repeat myself . It concerned the IRS getting involved and wanting to not allow deductions for private use of the vehicle . I once had an assigned company vehicle and had to pay tax on the percentage of use it was determined was private use .
 
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