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:
On Duty time:
On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.”
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 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
395.1. Sleeper berths:
(D) Must exclude from the calculation of the 14-hour period in §395.3(a)(2) any sleeper-berth period of at least 8 but less than 10 consecutive hours.
Any amount of sleeper in turn will not affect the 60/70. Only on duty or driving….. so that is a small plus …”
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.
