made a mistake

Well-Known Member

Back From Break

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.

whatever you want to say bud

And, by the way, Google is your friend.

How can you trust a Qualcomm message sent from the ISP-CVED (Indiana State Police Commercial Vehicle Enforcement Division) when they cannot even get the regulations correct. It is CFR Section § 395.2

And this message went to over the road drivers, who only load/unload off company property.

Here is what you are referring to, and the guidance from the FMCSA.

§395.2 Definitions.

(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;



But, you forgot to look a Section 1, which defines on-duty time.


(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;

You are relieved of responsibility for you tractor and trailer while it is at a UPS hub being loaded, per your schedule, which has you taking a meal. You can leave your equipment unattended, which may not apply if you are at a customer pick up. But it does apply on UPS property.


And here is the guidance from the FMCSA


Question 2: 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.



Maybe your next employer will look the other way. Good luck and I hope you learned something from this...Do not trust what a "buddy" tells you. Rely only on your own information, or ask your sup. If he/she/it gives you wrong information, that is on them.
 
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allahuakbar

She/Her
Not sure what your point is....

However.....she/it lost at the panel....that's it.....I suppose she/it could sue.....

She/it they don't work at UPS anymore.

BTW, you'll be belittled for your work ethic and called a bootlicker and scared...but you'll have a long and profitable career. Bravo.
Don’t really got a point. She posted in one of her incoherent posts that if she lost this panel she could go to “arbitration” in 6 months. That’s why I told her to hold out. Not trying to argue with ya.
 

silenze

Lunch is the best part of the day
I also believe there is a little more to the story. What you did should have gotten you a week off and then put back to work. They used this to terminate you, but were not willing to negotiate your job back for one reason or another, and it was not because of your driving.
Yep. UPS wouldn't replace you unless they thought they could get someone better. The trash they are hiring now tells us that something is very wrong.
 

quad decade guy

Well-Known Member
Don’t really got a point. She posted in one of her incoherent posts that if she lost this panel she could go to “arbitration” in 6 months. That’s why I told her to hold out. Not trying to argue with ya.
My understanding is......if you lose at the panel.....that's it. Now, deadlock at panel you can go to deadlock panel.....deadlock there and can go to arbitration....can. BTW, you can "lose" there(arbitration) also....
 

Whereistheunion

Well-Known Member
discharged for service failure.. hour late. first one. up for panel tomorrow. no accidents besides high hooking a dolley here n there. tight schedule on that leg. complaints from other drivers about it being tight. meal wasnt done at yard like it should have.. did it on off ramp.. either way traffic contributed to it. up for panel tomorrow.. BA is saying it a 50/50 even though its first offense?
How, and what the HELL happened for your 1st discharge from the company go to a panel. That type of discharge is typically for someone whom has been fired before. They ( company) must have interviewed management and coworkers and they said some very NICE things about you. Please follow up with this post after the hearing.
 

quad decade guy

Well-Known Member
How, and what the HELL happened for your 1st discharge from the company go to a panel. That type of discharge is typically for someone whom has been fired before. They ( company) must have interviewed management and coworkers and they said some very NICE things about you. Please follow up with this post after the hearing.
OP lost at the first panel. She is gone. No longer works at UPS. There will be no arbitration.
 

nWo

Well-Known Member
We have package car drivers that finish all the deliveries and then have a hour+ wait before pickups start. And then they want to sit there without taking a lunch. And they are surprised when they get fired for it. You can't claim you didn't have time to take a lunch when you had all of that down time.
 

burrheadd

KING Of GIFS
We have package car drivers that finish all the deliveries and then have a hour+ wait before pickups start. And then they want to sit there without taking a lunch. And they are surprised when they get fired for it. You can't claim you didn't have time to take a lunch when you had all of that down time.
Lunch is during the 4th to 6th hour if your down time is in that window then yes I agree
If your downtime is outside that window
We’re gonna have to talk about it
 

2Down2Many2Go

Well-Known Member
We have package car drivers that finish all the deliveries and then have a hour+ wait before pickups start. And then they want to sit there without taking a lunch. And they are surprised when they get fired for it. You can't claim you didn't have time to take a lunch when you had all of that down time.
I take lunch when I'm ready 🦾
 

ManInBrown

Well-Known Member
Had a late night start job for about 6 months where my second leg was pulling a preload to a small building. Trailer was never ready when I arrived. Sometimes 30 minutes till it was done. Sometimes 90. Never mealed one time waiting for it. Not the way it works. If I’m hooked waiting for you to finish that’s not my meal time. What happens if I go on meal and you finish, I’m not moving. So if you want togive the load to someone else that’s a problem. Because I’m not getting out from under it. Seems you ran into a problem because the trailer arrived at the building late. You got some weird tidbits in this story. What kind of building do you go to. Where shifters are telling you what load is yours? And when it usually finishes? Ive never seen one shifter in all my time at UPS have any interest or knowledge of details like that. They shift trailers, they aren’t air traffic controllers. Why in the world would the shifter get involved in your load pulls at this time, this is your load?
 

ghopper

Well-Known Member
we have a route that has 6hrs of CS time on it. the #2 driver has that route. get to first leg in 50mi. then to sec leg..another 50 mi. wait two hrs.. then to third leg.. wait 4 hrs there... 12+ hr day because of the waiting. same trailers every day. same time every day. sick route. so everyone who runs that route is "stealing time"? yeah no write ups before this.. in regards to this. they switched my trailers. i lost track of time. no warning. whatever. filed for unemployment. will get it because i refused backpay last two times i filed. and i have all the paperwork in regards to the discharge.
 

ghopper

Well-Known Member
Had a late night start job for about 6 months where my second leg was pulling a preload to a small building. Trailer was never ready when I arrived. Sometimes 30 minutes till it was done. Sometimes 90. Never mealed one time waiting for it. Not the way it works. If I’m hooked waiting for you to finish that’s not my meal time. What happens if I go on meal and you finish, I’m not moving. So if you want togive the load to someone else that’s a problem. Because I’m not getting out from under it. Seems you ran into a problem because the trailer arrived at the building late. You got some weird tidbits in this story. What kind of building do you go to. Where shifters are telling you what load is yours? And when it usually finishes? Ive never seen one shifter in all my time at UPS have any interest or knowledge of details like that. They shift trailers, they aren’t air traffic controllers. Why in the world would the shifter get involved in your load pulls at this time, this is your load?
thats irrelevant, they wanna spot another trailer. its not a set schedule. mon+tue i was hooked for 3 min before they were done and i got the route done under 8hrs. and right! not my meal time. ivis tells me what load is mine you misread what i wrote.
 

ghopper

Well-Known Member
Don’t really got a point. She posted in one of her incoherent posts that if she lost this panel she could go to “arbitration” in 6 months. That’s why I told her to hold out. Not trying to argue with ya.
HE.... and feel free to quote the "incoherence" you are referring to.
 

ghopper

Well-Known Member
We have package car drivers that finish all the deliveries and then have a hour+ wait before pickups start. And then they want to sit there without taking a lunch. And they are surprised when they get fired for it. You can't claim you didn't have time to take a lunch when you had all of that down time.
do they normally get a warning about it? i had a bad day. no warning. mon and tue i had a 65+mph average on every leg.... 384mi under 8 and with wash/def + fuel. and three legs.
 

quad decade guy

Well-Known Member
we have a route that has 6hrs of CS time on it. the #2 driver has that route. get to first leg in 50mi. then to sec leg..another 50 mi. wait two hrs.. then to third leg.. wait 4 hrs there... 12+ hr day because of the waiting. same trailers every day. same time every day. sick route. so everyone who runs that route is "stealing time"? yeah no write ups before this.. in regards to this. they switched my trailers. i lost track of time. no warning. whatever. filed for unemployment. will get it because i refused backpay last two times i filed. and i have all the paperwork in regards to the discharge.
What fool would refuse reinstatement and back pay?
You refused an offer for your job back? Why? Twice?

And prefer unemployment....huh?

BS METER....100% pegged.
 
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