Arresting_Quack
February 17th, 2006, 00:11
Not naming names as I don't want drivers to know all of the secrets. However, you can guess where the carrier is based on the fact I have a copy of the report.
A driver was placed OOS at 9:45 AM for failing to keep his log book current. Seems to me the stop was on 01/19/2006 and the driver's last entry was 01/17/2006.
The driver was supposed to remain OOS until 7:45 PM 01/19/2006. At about 6:30 PM another company driver returned to the scale via bobtail exchanged trucks with the OOS driver and left with the load. The OOS driver proceeds to depart the scale via bobtail about 1.75 hours earlier than scheduled.
§395.8 Driver's Record of Duty Status
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.
The driver has already been mailed a ticket by the state for running the OOS order as the incident was caught on video camera.
The driver will receive a letter from the US DOT as the driver was operating on a suspended CDL for failure to appear (FTA) in court. The FTA suspension was the third such suspension in five years with one other suspension for failing to provide proof of insurance.
Preliminary questioning of both drivers have indicated the OOS driver passed the truck stop near the scale and proceeded to the receiver. More answers are being pursued;
Non-OOS DRIVER:
1. So does your logs reflect the two hours you spent off-loading both trailiers?
2. So the OOS driver sat 25 feet away and watched you off-load?
Remember the 10 hours off-duty is still clicking. If the OOS driver is working how can he be getting his 10 hours off-duty?
The carrier was given two choices:
1. Obtain the gate sign in sheets from the reciver.
2. If you don't we can.
By providing the carrier the opportunity to obtain the documents it doesn't tarnish the customer's opinion of the carrier and the customer doesn't know the investigation is underfoot.
Oh, both drivers were terminated by their employer.
People pay attention Out-of-Service (OOS) means OOS.
Better keep it parked until the violation goes away. It's cheaper and may protect your employment.
Be safe.
A driver was placed OOS at 9:45 AM for failing to keep his log book current. Seems to me the stop was on 01/19/2006 and the driver's last entry was 01/17/2006.
The driver was supposed to remain OOS until 7:45 PM 01/19/2006. At about 6:30 PM another company driver returned to the scale via bobtail exchanged trucks with the OOS driver and left with the load. The OOS driver proceeds to depart the scale via bobtail about 1.75 hours earlier than scheduled.
§395.8 Driver's Record of Duty Status
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.
The driver has already been mailed a ticket by the state for running the OOS order as the incident was caught on video camera.
The driver will receive a letter from the US DOT as the driver was operating on a suspended CDL for failure to appear (FTA) in court. The FTA suspension was the third such suspension in five years with one other suspension for failing to provide proof of insurance.
Preliminary questioning of both drivers have indicated the OOS driver passed the truck stop near the scale and proceeded to the receiver. More answers are being pursued;
Non-OOS DRIVER:
1. So does your logs reflect the two hours you spent off-loading both trailiers?
2. So the OOS driver sat 25 feet away and watched you off-load?
Remember the 10 hours off-duty is still clicking. If the OOS driver is working how can he be getting his 10 hours off-duty?
The carrier was given two choices:
1. Obtain the gate sign in sheets from the reciver.
2. If you don't we can.
By providing the carrier the opportunity to obtain the documents it doesn't tarnish the customer's opinion of the carrier and the customer doesn't know the investigation is underfoot.
Oh, both drivers were terminated by their employer.
People pay attention Out-of-Service (OOS) means OOS.
Better keep it parked until the violation goes away. It's cheaper and may protect your employment.
Be safe.