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THETRUCKER.COM<br />

Nation September 1-14, 2018 • 7<br />

All time spent loading and unloading is required to be logged as on-duty, not driving<br />

Ask the Law<br />

The Ask the Law program is an ongoing<br />

educational effort between Ol’ Blue, USA and<br />

commercial law enforcement agencies. The<br />

program’s purpose is to have truckers pose<br />

questions relating to commercial motor vehicle<br />

safety, rules and regulations to law enforcement<br />

officials. Submit questions to editor@<br />

thetrucker.com.<br />

The Aggregate Side of Trucking<br />

Q: I run an end-dump in Texas hauling<br />

rock and sand. Going into rock and sand<br />

plants, once I have checked in, I drive about<br />

1 to 2 miles in the facility, getting in line, stopping,<br />

moving, stopping, moving, which keeps<br />

me on the HOS driving line. My ELD goes to<br />

driving when 5 mph is achieved but waits 5<br />

minutes to switch to on-duty, not driving.<br />

As rock and sand plants are private property,<br />

can I make my time from scale in to<br />

scale out, with ticket in hand, on-duty, not<br />

driving? How would I do this with automatic<br />

duty switching?<br />

Can geofencing automatically switch an<br />

ELD to on-duty, not driving for plants and<br />

facilities if my company sets the parameters<br />

for them?<br />

I have not heard of any talk about the aggregate<br />

side of trucking. We load, scale, trim<br />

and wash, four to five times if not more, and<br />

that takes time away from the driving line,<br />

and we do cross the state lines. Is there a better<br />

way?<br />

Question submitted by Donald from Texas.<br />

A: All time spent loading and unloading is required<br />

to be logged as on-duty, not driving. See<br />

definition in Part 395.2 of On-Duty, Not Driving.<br />

Since you are using an ELD, the motor carrier<br />

and ELD manufacturer are going to have to<br />

make software adjustments in instances when you<br />

are at the loading facility and have to continually<br />

move forward to keep from losing your place in<br />

line.<br />

Currently in Texas, it is not required that a<br />

driver to be on an ELD until December 18, 2019.<br />

But if your motor carrier requires you to be on an<br />

ELD, you need to comply with the mandate.<br />

Here’s my suggestion: Get with your motor<br />

carrier and have them check with the ELD<br />

vendor and see if they can come up with a solution<br />

on the geofencing — since the ELD is not<br />

GPS specific, but general geographical location.<br />

Also, see if they can keep you in on-duty,<br />

not driving while waiting at the pit or quarry to<br />

get loaded.<br />

Answer provided by Senior Trooper Monty<br />

Dial (Ret.), Texas Highway Patrol, Commercial<br />

Vehicle Enforcement Division, Garland, Texas.<br />

Sleeper Berth Time<br />

Q: This is how I log. Once I arrive at a<br />

shipper and check in, I go to on-duty, not<br />

driving. Once the shipper tells me what to<br />

do, I go back to driving until I back into my<br />

assigned dock door. Then, I go to on-duty,<br />

not driving and note that I am loading. Can<br />

I then jump into the sleeper and log it as<br />

sleeper berth time?<br />

Question submitted by Edward from Ohio.<br />

A: Title 49, Code of Federal Regulations,<br />

Part 395 provides definitions for Hours of Service<br />

terminology, including how to designate<br />

specified activities. As your truck is being loaded<br />

or unloaded, you are required to document<br />

the time as on-duty, not driving under the following<br />

conditions:<br />

• When you are required by your carrier or<br />

the shipper to be in attendance to the vehicle<br />

for readiness to operate the truck<br />

• When you are supervising or assisting the<br />

loading/unloading, and<br />

• When you are dealing with the shipping<br />

documentation.<br />

You would be able to document the time as<br />

sleeper berth if you were not required to be in<br />

attendance of the vehicle — as described above<br />

— by the carrier or the shipper during loading/<br />

unloading and the period was used for rest in<br />

the sleeper berth and you were not otherwise<br />

responsible for the vehicle.<br />

Answer provided by Officer David Kelly,<br />

California Highway Patrol, Commercial Vehicle<br />

Section, Sacramento, California.<br />

Beer on Board<br />

Q: Is it legal to have unopened beer and<br />

alcohol in my truck? Before heading to my<br />

Defending truckers’ rights, providing<br />

education and saving them money<br />

for 45 years<br />

Representation • Information • Truck Insurance<br />

Medical Benefits • Business Services • Fuel Card<br />

DOT Drug Testing • Product Discounts<br />

Become an OOIDA member.<br />

800-444-5791 • www.ooida.com<br />

34-hour restart at a friend’s farm, I stopped<br />

to purchase a couple of 6-packs of beer to take<br />

along to enjoy on my downtime.<br />

Question submitted by Paul from Maryland.<br />

A: Part 392.5, Alcohol Prohibition, of the<br />

Federal Motor Carrier Safety Regulations states:<br />

(a) No driver shall:<br />

(1) Use alcohol, as defined in §382.107 of this<br />

subchapter, or be under the influence of alcohol,<br />

within four hours before going on-duty or operating,<br />

or having physical control of, a commercial<br />

motor vehicle; or<br />

See Law on p11 m

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