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<blockquote data-quote="Well-Known Member" data-source="post: 4899776" data-attributes="member: 85066"><p>And, by the way, Google is your friend.</p><p></p><p>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</p><p></p><p>And this message went to over the road drivers, who only load/unload off company property.</p><p></p><p>Here is what you are referring to, and the guidance from the FMCSA.</p><p></p><p><em>§395.2 Definitions.</em></p><p><em></em></p><p><em>(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;</em></p><p></p><p></p><p>But, you forgot to look a Section 1, which defines on-duty time.</p><p></p><p></p><p><em>(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, <strong>unless the driver has been relieved from duty by the motor carrier;</strong></em></p><p></p><p>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.</p><p></p><p></p><p>And here is the guidance from the FMCSA</p><p></p><p></p><p><strong><em>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?</em></strong></p><p></p><p><em><strong>Guidance:</strong></em></p><p><em></em></p><p><em>Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy <a href="https://www.fmcsa.dot.gov/regulations/title49/section/395.3" target="_blank">49 CFR 395.3(a)(3)(ii)</a>, as off-duty time provided:</em></p><p><em></em></p><p><em>1. <strong>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.</strong></em></p><p><em></em></p><p><em>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.</em></p><p></p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="Well-Known Member, post: 4899776, member: 85066"] 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. [I]§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;[/I] But, you forgot to look a Section 1, which defines on-duty time. [I](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, [B]unless the driver has been relieved from duty by the motor carrier;[/B][/I] 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 [B][I]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?[/I][/B] [I][B]Guidance:[/B] Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy [URL='https://www.fmcsa.dot.gov/regulations/title49/section/395.3']49 CFR 395.3(a)(3)(ii)[/URL], as off-duty time provided: 1. [B]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.[/B] 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.[/I] 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. [/QUOTE]
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