Q: You empty out and take home time. Home is an hour away. You show off-duty due to the fact you're not working, and have no load. Company calls it a false log. Who's right?
A: >> A key factor is what are the defined times for on-duty status that were developed by the company? Specifically, the employee/driver doesn't get to define what is on and off-duty. The answer is easy, it would be the company's policies regarding what constitutes on and off-duty to determine the driver's status as outlined in your scenario and what should have been entered into the log.
>>
>> Using just the information described in your scenario, the issue of not having a load is not the determining factor for off-duty. Again using your scenario, the driver is heading home with the company truck, so somewhere it had to be determined on paper when on and off duty exists, since from the scenario the truck is not returned to a specified company facility.
>>
>> Another point I will just state but not go into detail is the use by companies technology such as GPS tracking and recording devices that are linked to on -board computer software applications or linked to the main office computer server, the truck's location and at what time are constantly being recorded.
Q: It was an o/o and there are no written laws. What is the actual law on this?
A: Your question is not an easy one to answer in a short statement. Check out the Internet link and it will show you how the FMCSA defines hours of service. The link also has examples.
http://www.fmcsa.dot.gov/rules-regulations/topics/hos/hos-logbook-examples.htm
A: >> A key factor is what are the defined times for on-duty status that were developed by the company? Specifically, the employee/driver doesn't get to define what is on and off-duty. The answer is easy, it would be the company's policies regarding what constitutes on and off-duty to determine the driver's status as outlined in your scenario and what should have been entered into the log.
>>
>> Using just the information described in your scenario, the issue of not having a load is not the determining factor for off-duty. Again using your scenario, the driver is heading home with the company truck, so somewhere it had to be determined on paper when on and off duty exists, since from the scenario the truck is not returned to a specified company facility.
>>
>> Another point I will just state but not go into detail is the use by companies technology such as GPS tracking and recording devices that are linked to on -board computer software applications or linked to the main office computer server, the truck's location and at what time are constantly being recorded.
Q: It was an o/o and there are no written laws. What is the actual law on this?
A: Your question is not an easy one to answer in a short statement. Check out the Internet link and it will show you how the FMCSA defines hours of service. The link also has examples.
http://www.fmcsa.dot.gov/rules-regulations/topics/hos/hos-logbook-examples.htm
RSS Feed