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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