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> Bobtailing
skierzek
post Jan 14 2010, 07:02 AM
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my truck is my only car/truck i have so when i am home i drive it to the store ect. do i have to log any of that? sometimes i am under a load but drop my trailer
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John Ewing
post Jan 14 2010, 10:42 AM
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Once you drop the trailer as long as you are not on "company business" you do not need to log it as on duty. Anytime you are under a trailer (even if you're taking the trailer home with you) you need to log that as On Duty Driving. That is my understanding of the rules. Also even when you're bobtailing if you are on "company business" you have to log it as On Duty Driving. Company Business can include taking the truck to the shop for service, etc. For an o/o, maintaining the truck is considered "company business".


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cnieters
post Oct 22 2010, 08:24 PM
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QUOTE (John Ewing @ Jan 14 2010, 04:42 AM) *
Anytime you are under a trailer (even if you're taking the trailer home with you) you need to log that as On Duty Driving. That is my understanding of the rules.


John, I know this is an old post, but this sentence is incorrect. Here is an excerpt from the FMCSA website.

"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 driverís 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 driverís 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 driverís home, from the driverís 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 key here is UNLADEN, even with an empty trailer you can travel in OFF DUTY status.

Here is the link for the FMCSA's guidance on HOS in Q&A format.

http://www.fmcsa.dot.gov/rules-regulations...&guidence=Y

This post has been edited by cnieters: Oct 22 2010, 08:28 PM


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John Ewing
post Oct 22 2010, 09:57 PM
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At tractor that is under a trailer is considered "laden" whether the trailer is loaded or empty. From your quote above of the regulations -
QUOTE
A driver may not operate a laden CMV as a personal conveyance.


As I said earlier, once your drop the trailer you can use the truck for person use and log the time as Off-Duty - but you have to get out from under the trailer first.


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cnieters
post Oct 23 2010, 12:08 AM
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Well your interpretation is in direct conflict with everything I have read and every answer I have received from DOT Officers when I have asked them directly about this. A trailer is part of the CMV. When empty, the CMV is UNLADEN. UNLESS, the trailer is the commodity being transported.


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John Ewing
post Oct 23 2010, 12:52 AM
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It's quite possible that the definition of "unladen" has changed over the years. I've been off the road for over 10 years and definitions do change. I have looked and I can't find anything in the "official" guidance that addresses the issue specifically, so I'd guess that it would be up to the officer to determine what "unladen" means. If you go back to the original question you'll see that he said he was bobtailing - and that "sometimes" he was under a load but he dropped the trailer. So the answer to his question would be exactly what I said - "once he's out from under the trailer he's off-duty". This is one of those gray areas that's open to interpretation - so I always tend to interpret on the side of caution ph34r.gif


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