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“On duty” or “off duty” while loading and unloading? The Indiana State Police weighs in.

An hours of service "firestorm."

After a trucker’s Qualcomm message went viral on social media sites, the Indiana State Police – Commercial Vehicle Enforcement Division (ISP-CVED) decided to throw in their two cents on whether a driver must log on duty vs. off duty time while being either loaded or unloaded.

Off Duty While Being Unloaded? Not Anymore.

The message shared by ISP-CVED reads:

Effective immediately all time being loaded or unloaded must be on duty time. We can no longer use it as off duty time per FMCSR 392.2. 

30 Min breaks will not count at the dock!!

ISP-CVED apparently received several questions about the Qualcomm message.

Here’s how they responded:

“I have had some questions about this so here is the official FMCSA definition and clarification:

I am just the messenger!

First off it 395.2. Definitions:

This response left many Facebook users confused and angry. Many drivers pointed out that they spend hours upon hours waiting to be loaded or unloaded.

Mission “Facebook Firestorm”: Accomplished

Acknowledging that they had stirred up a social media “firestorm“, ISP-CVED followed up on the question with a second post. Here’s the photo that was attached.

ISP-CVED

ISP-CVED wrote:

“395.2. Firestorm part 2

When at a shipper for an extended period of time remember that the only way to “pause” the dreaded 14 hour clock is a sleeper berth period of at least “8” hours…… so whether it’s on duty or sleeper less than 8 will still chew on the clock….

Example: 5 hours on duty = 5 hours sleeper = 5 hours off 14

This post was also greeted with a bit of confusion and disbelief.

ISP-CVED even went so far as to agree with the drivers about their complaints on regulations.

Some, however, called the whole thing much ado about nothing.

ISP-CVED is the latest incarnation of the Hoover Club, which was created as a way to bridge the gap between truckers and the law enforcement community by clarifying pesky regulation questions. You can click here to access their Facebook page.