Questions about Various Hours-of-Service Issues, Proper Use of ELDs & More Answered by Law Enforcement Officials
Warning: Laws are subject to change without notice. These interpretations were made on January 20, 2020.
Brought to you as a public service by “Ask The Law” and 10-4 Magazine. Please submit your questions directly to question@askthelaw.org
Q: I am the owner and driver for the trucking company. I’m at home on my 34 Hour Reset. I work on the commercial motor vehicle while off duty. I need to take the truck to get some work done on it. Can I use “Personal Conveyance” to move the truck? Don in Alabama
A: Provided by Retired Texas Trooper Monty Dial: No. All time spent servicing a commercial motor vehicle must be logged as On-Duty Not Driving. In Part 395.2 Definitions you will find On-Duty Time. In section (2) it says: All time inspecting, servicing, or conditioning any commercial motor vehicle at any time meets the definition of On-Duty Time.
Q: During the week, I work five days and stay under the 60 hours in 7 days. While at home off duty, I have the opportunity to work an extra job. Can I legally do it? Gus in Ohio
A: Provided by Retired Texas Trooper Monty Dial: Part 395.2 Definition of On-Duty section 9, performing any compensated work for a person who is not a motor carrier. In the interpretation Part 395, Question #11, it states that non-transportation related work for a motor carrier be recorded as On-Duty. Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as On-Duty Time. The term “work” as used in the definition of On-Duty Time in Part 395.2 of FMCSR is not limited to driving or other non-transportation related employment.
Q: If I exhaust my 14-hours while at a shipper and then they advise me I have to leave their property; can I legally do that? Hawk in Arkansas
A: Provided by Retired Texas Trooper Monty Dial: In the FMCSA Regulations Part 395.8 Interpretations, Question #26, it now allows a driver to go Off-Duty and use personal conveyance to move the CMV to the first suitable location to obtain the required rest.
Q: I deliver RVs all over the US. After making my delivery, can I use “Personal Conveyance” to drive back home? Kevin in Michigan
A: Provided by Retired Texas Trooper Monty Dial: In the FMCSA Regulations Part 395.8 Interpretations, Question #26(b), it gives examples of uses of a CMV that would not qualify as Personal Conveyance. After delivering a towed unit and the towing unit no longer meets the definition of a CMV, the driver returns to the original point under the direction of the motor carrier to pick up another load, would not meet the definition of the Personal Conveyance use.
Q: Now, if a driver is stopped and is still using an AOBRD (automatic on-board recording device) instead of an ELD (electronic logging device), what will happen to the driver? K Bar in Mississippi
A: Provided by Trooper Brent Hoover with the Indiana State Police: The driver will be placed Out-of-Service for 10 hours. After that, the driver will be allowed to complete their trip, then the ELD must be installed.
Q: I deliver new trucks across the US, and after making these deliveries, I will either drive a rental car back or will take a flight back. How do I record my time driving the rental car or flying? James in New York
A: Provided by Trooper Brent Hoover with the Indiana State Police: In Part 395.1(j) it states that if a property-carrying CMV driver, at the direction of the motor carrier, is traveling but not driving or assuming any other responsibilities to the carrier, such time must be recorded as On-Duty Time, unless the driver is afforded at least 10 consecutive hours Off-Duty, at which time the time flying back can be logged as Off-Duty Time.
Q: I’ve made plans to stop at a truck stop or a scale location to take my required 30-minute break. Just prior to reaching the location where I had planned to stop, I get into construction which caused me to go over my 8 hours before taking my break. What will happen? Jim in Mississippi
A: Provided by Retired Texas Trooper Monty Dial: You’ve committed a violation, and as such, you could be issued a citation if you are stopped on the same day that you worked more than 8 hours without stopping to take the required 30-minute rest break.
Q: I drop my trailer at the trucking company’s yard and bobtail home for my 34 Hour Reset and then bobtail back to the yard to start my next trip. Can I use “Personal Conveyance” from the yard to home and from home back to the yard? Ricky in Missouri
A: Provided by Retired Texas Trooper Monty Dial: Ricky, the original interpretation that is found in Part 395.8 Question #26, states that if the driver drops their trailer at the company’s yard, the driver is allowed to use their truck-tractor to bobtail to and from home.
Q: I was home over Thanksgiving weekend, and I left my Electronic Logging Device (ELD) in the truck. Over the weekend, the temperature got below freezing and damaged the battery. How long can I use paper logs before the unit has to be repaired? War Eagle in Arkansas
A: Provided by Retired Texas Trooper Monty Dial: War Eagle, in Part 395.34 of the regulations, you will find the requirements to follow when your ELD malfunctions. You will need to immediately notify your motor carrier. The motor carrier will need to send an email to FMCSA with the unit number and serial number of the non-functioning unit. The FMCSA will acknowledge and send back an email, which must be carried by the driver while using paper logs, until the unit is repaired. The driver will be allowed to use paper logs for no more than 8 days.
Warning: The information contained within this column is provided for educational and informational purposes only and should not be construed as legal advice. The content contains general information and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue. Be aware that the material in the column may not reflect current legal developments or information, as laws and regulations are subject to change at any time without notice. Always check with the most recent statutes, rules and regulations to see if any changes have been made.
3 Comments
Traffic came to a stop on I-10 late night in Texas and didn’t move for 6 hours due to an accident investigation 2 miles down the road. I logged on duty not driving since I didn’t know when traffic would move again. When it did move again I was past my 14 so I immediately found a truck stop and parked for a 10 hour break.
Could I have legally logged off duty for those 6 hours?
I pick up loads of non hazmat waste by product from pet food production, that another business processes into Hog feed, is that considered a agriculture commodity ?
I’m about to undergo a surgical procedure requiring 3 months recuperation …my Med card will expire in 2 months…what will I need to do to drive CDL when Im ready to return to work ?