Do you start your lunch break when you arrive, or start driving, to your break destination?

[Jones]

What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time?

Guidance:

Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:

1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

If you're driving the vehicle, you obviously haven't been relieved of all responsibility for it.

 

[Boywondr]

What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time?

Guidance:

Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:

1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

If you're driving the vehicle, you obviously haven't been relieved of all responsibility for it.

As I said previously, the driver cant be engaged in monitoring the loading of his vehicle as well even if the driver is outside the vehicle.

But...
I dont believe it applies to most package car routes unless you drive 100+ miles per day in a straight line, as the crow flies.

(Why is it always a crow? Oh well. Crow it is. I guess you can eat the crow at lunch.)

 

[Mugarolla]

If you're driving the vehicle, you obviously haven't been relieved of all responsibility for it.

Incorrect.

If you're on your meal, you are relieved of all responsibility of your truck and load.

This is what's meant by personal conveyance.

Since you are relieved of responsibility of your load, you can then use the vehicle for personal conveyance as off-duty time.

I dont believe it applies to most package car routes unless you drive 150+ miles per day in a straight line, as the crow flies.

The rule applies to the movement of a commercial motor vehicle.

 

[Boywondr]

Incorrect.

If you're on your meal, you are relieved of all responsibility of your truck and load.

This is what's meant by personal conveyance.

Since you are relieved of responsibility of your load, you can then use the vehicle for personal conveyance as off-duty time.



The rule applies to the movement of a commercial motor vehicle.

It's actually 100 air miles of which most of us pc drivers are exempt of the mandatory 30 min meal period.

So we may enjoy a 30 min lunch in the CR but it's not mandatory unless your route doesnt fit the exemption.

 

[a911scanner]

It ain't 60°friend here bud.

It ain't remotely close to 60°friend here for nearly 6 months.

Just today I sat in my PC eating my sandwich (with the engine running) Screw 'em.

 

[Boywondr]

It ain't remotely close to 60°friend here for nearly 6 months.

Just today I sat in my PC eating my sandwich (with the engine running) Screw 'em.

Well then enjoy your cold cut prairie dog sammich.

 

[a911scanner]

And what is your description of "hauling freight"?

Anything over 100#. PC's qualify.

 

[Jones]

Incorrect.

If you're on your meal, you are relieved of all responsibility of your truck and load.

This is what's meant by personal conveyance.

Since you are relieved of responsibility of your load, you can then use the vehicle for personal conveyance as off-duty time.



The rule applies to the movement of a commercial motor vehicle.

That doesn't make sense. How can you not be responsible for the vehicle if you're driving it? Not possible.
The guidance I posted is straight from FMCSA, you can't be on meal if you're driving a company vehicle, period.

 

[Boywondr]

Anything over 100#. PC's qualify.

What? 10,000# gvw.

 

[Mugarolla]

It's actually 100 air miles of which most of us pc drivers are exempt of the mandatory 30 min meal period.

So we may enjoy a 30 min lunch in the CR but it's not mandatory unless your route doesnt fit the exemption.

Incorrect.

Package drivers use the short-haul exception.

Straight from the FMCSA Regulations

Can a driver who claims the short haul exception use personal conveyance?

Yes, there is no connection between personal conveyance and the short-haul exception. As always, off-duty time does not extend the 12-hour duty time limitation.

 

[a911scanner]

What? 10,000# gvw.

Nope. I consider 100#+ package as freight. Although the contract doesn't, I sure do.

 

[Boywondr]

Package drivers use the short-haul exception.

Straight from the FMCSA Regulations

Can a driver who claims the short haul exception use personal conveyance?

Yes, there is no connection between personal conveyance and the short-haul exception. As always, off-duty time does not extend the 12-hour duty time limitation.

Yeah, I understood that. I was referring to the mandatory meal period.

 

[Boywondr]

Nope. I consider 100#+ package as freight. Although the contract doesn't, I sure do.

Let's make it 99# today.
We'll do 100# next week.
Make it up as we feel like it by golly. Heck, at my age let's make it 50# and leave it there.

 

[Poop Head]

We had a feeder bust up the drive-thru at a Dunkin donuts while he was off duty, on meal. The company didn't charge him, but he had to pay for the repairs to the tractor and the DD out of his own pocket

 

[Mugarolla]

That doesn't make sense. How can you not be responsible for the vehicle if you're driving it? Not possible.
The guidance I posted is straight from FMCSA, you can't be on meal if you're driving a company vehicle, period.

Incorrect. Continue reading the guidance.

The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time.

 

[Boywondr]

We had a feeder bust up the drive-thru at a Dunkin donuts while he was off duty, on meal. The company didn't charge him, but he had to pay for the repairs to the tractor and the DD out of his own pocket

That'll be a pile of dough.

 

[Boywondr]

Incorrect. Continue reading the guidance.

The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time.

395.3?

 

[Mugarolla]

Yeah, I understood that. I was referring to the mandatory meal period.

Sorry, I missed that.

 

[zubenelgenubi]

Where is the written policy? Pls post it.

And what is your description of "hauling freight"?

I said it was company policy, I never said the policy complied with regulation. I'll ask my sup if he'll get me a copy.

@Mugarolla is arguing hours of service rules, which mostly apply to long haul truckers, trying to apply them to our situation in order to justify the company's position of not paying us for the time. Even if these rules could be applied to our situation, there are conditions that must be met before you could be considered using a commercial vehicle as a personal conveyance. One being that you can't be hauling freight. For the purpose of that rule, we are (nearly) always hauling freight. But, even if you could apply the rule to exclude that travel time from our hours of service, it does not excuse UPS from paying us for it.

 

[Mugarolla]

395.3?

395.8