Shifting counts as "On Duty, Driving" time.

over9five

Moderator
Staff member
Check out Question 9's interpretation:

Interpretation for 395.2: - Federal Motor Carrier Safety AdministrationDidn't used to be an issue as you would might only jump in a shifter for a couple of hours after your 60th hour, but now we have runs that are half Shifting/half CPU's or Local turns. Technically your time spent spotting your trailers should be considered Driving time too.





Hmmm.... counts toward your 11, and you won't be able to shift after 60.
​That is a big change!
 

104Feeder

Phoenix Feeder
Hmmm.... counts toward your 11, and you won't be able to shift after 60.
​That is a big change!

Well that's kind of the Catch-22. You'd be technically in violation, but not reportable unless you went actually on road (onto public streets). One problem is if you did go on road & were in violation (although your FDT would not show it), you could get caught up in the new "egregious violation" of HOS going into effect July 1st. Here they have always acted like any driving time in a Shifter doesn't count as "on duty, Driving" time. Perhaps getting UPS to account for shifter time as "on duty, Driving" in the FDT would fix the problem. Of course, their OBDR's have always been in technical violation of DOT requirements and FMCSA has never seemed to care.
 
​Here, you don't even need a drivers license to shift.

The 22.3's don't need one (which goes over real well with us) yet if a ft driver has a medical issue or a DUI they won't let him work in the yard. Must admit it's something I wish the local would straighten out.
 

over9five

Moderator
Staff member
The 22.3's don't need one (which goes over real well with us) yet if a ft driver has a medical issue or a DUI they won't let him work in the yard. Must admit it's something I wish the local would straighten out.

I wish they were subject to randoms. Let's be real, they're pulling heavy equipment with old equipment through all sorts of pedestrian walkways and yard authorized employees working everywhere.
The yard is a dangerous enough place when everyone's straight and sober....
 
I wish they were subject to randoms. Let's be real, they're pulling heavy equipment with old equipment through all sorts of pedestrian walkways and yard authorized employees working everywhere.
The yard is a dangerous enough place when everyone's straight and sober....

I guarantee I get tangled up with a 22.3 I'll flop like a fish.
 

raceanoncr

Well-Known Member
Hmmm.... counts toward your 11, and you won't be able to shift after 60.
​That is a big change!

Always has here. We've had combo jobs longer than I can remember and all driving counts.


Always has been.

We talked to DOT guy 10 or so yrs ago about this very issue. He said, "ABSOLUTELY does it count as driving time. Any time you are in control of a DOT regulated vehicle, you are under road rules".

Here, nobody's challanged it. Yes, they put me in shifter close to violating and I said I would do it but have to report it. By some MIRACLE, I was promptly discharged from my duties of the time. And, no, I could not file FOR somebody else.

You don't file, it is not put on a log book (which it should be), the company never reports it, IT NEVER HAPPENED, I guess.

In addition, when on sleeper and stuck in huge traffic cluster****, we were instructed to go on "on duty-not driving". Another "DO NOT DO"! While in control of that vehicle, whether stopped or driving, if you are behind the wheel, you are "on duty-driving".
 

trickpony1

Well-Known Member
Since when is a shifter a DOT regulated vehicle?
Our shifters never leave property. I know some shifters at other hubs leave property and access public roads though.
 

104Feeder

Phoenix Feeder
Since when is a shifter a DOT regulated vehicle?
Our shifters never leave property. I know some shifters at other hubs leave property and access public roads though.

Only one of ours is licensed to go on road, but that's mainly for the trailer shop to use. Our shifters don't have DOT numbers or license plates, but are treated as industrial trucks (irreg carts) which also have a DVIR but are not road vehicles. Personaly, I wouldn't push the issue unless they were having you shift for 8 hours then attempting to send you out on road for something that could put you over the 11 hour driving time. That's the reason brought this up because we've always treated it as "on duty, not driving" time. If you just shift in they yard after your normal run "tour of duty' I don't see a problem as long as you have the required 10 hours off/34 hour reset prior to going on road again.
 

raceanoncr

Well-Known Member
Since when is a shifter a DOT regulated vehicle?
Our shifters never leave property. I know some shifters at other hubs leave property and access public roads though.

Trailer lot is across the street. CITY street. MUST have licensed, insured, lights, signals,...everything a road tractor has to have. Hence, DOT regulated vehicle.

I should amend this post. Any DOT/CDL regulated person, in addition to vehicle. That's what we were told at the time.
 

Drink Craft Beer

Well-Known Member
Quick question:

Recently a pre-load supervisor and one of the pre-loaders took training so one of them could take empty trailers off of the door and put a full truck on if the feeder is in route to the hub, but not there yet. Instead of having down time waiting for the feeder to get there they have one of them do it. So far it's happened a handful of times.

Is this allowed under the contract?

The trucks are kept on site, in parking lot.
 
Quick question:

Recently a pre-load supervisor and one of the pre-loaders took training so one of them could take empty trailers off of the door and put a full truck on if the feeder is in route to the hub, but not there yet. Instead of having down time waiting for the feeder to get there they have one of them do it. So far it's happened a handful of times.

Is this allowed under the contract?

The trucks are kept on site, in parking lot.

The pre-loader being an hourly, yes. The sup as a member of management, never.
 
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