Shifting counts as "On Duty, Driving" time.

Discussion in 'UPS Discussions' started by 104Feeder, Jun 15, 2013.

  1. 104Feeder

    104Feeder Phoenix Feeder

    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.

  2. over9five

    over9five Moderator Staff Member

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

    What'dyabringmetoday??? Well-Known Member

    Too bad it wasn't 40...
  4. cachsux

    cachsux Wah

    Always has here. We've had combo jobs longer than I can remember and all driving counts.
  5. over9five

    over9five Moderator Staff Member

    ​Here, you don't even need a drivers license to shift.

    1BROWNWRENCH Amateur Malthusian

    All the time. I love being put upon to go fuel the shifter because they can't go fuel it themselves across the street and nobody has a fuel card to give me.
  7. 104Feeder

    104Feeder Phoenix Feeder

    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.
  8. cachsux

    cachsux Wah

    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.
  9. over9five

    over9five Moderator Staff Member

    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....
  10. cachsux

    cachsux Wah

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

    raceanoncr Well-Known Member

    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".
  12. trickpony1

    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.
  13. 104Feeder

    104Feeder Phoenix Feeder

    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.
  14. raceanoncr

    raceanoncr Well-Known Member

    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.
  15. 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.
  16. cachsux

    cachsux Wah

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