Legally on or off duty?

Question

I and my employer are at odds over this. As I understand the HOS rules when I am off the truck forced to standby (wait) while they unload I am legally on duty not driving.

I am a team driver. The consignee interupted my sleeper berth time. I had to sign paperwork and was ordered to wait along with codriver while truck was unloaded.

Legally this would put me on duty, if I were to follow the letter of the law exactly correct?

Answer 1

Yes you would considered on duty.

Answer 2

If you signed paper work for a consignee, then yeah, you probably are legally on duty not driving.....but if you are team driving, and you were sleeping, then where the h**l was your partner? If it was my turn to sleep, and Calvin was the one who drove to the customer, id tell him to get off his *** and go sign the paperwork! lol

Answer 3

You all know what they say about opinions, but IMHO...  

If I am out of the truck doing what I want to do on my own time, then I'm off duty and I don't expect to be paid for it, but if I'm out of the truck because of loading or unloading, then I'm on duty/not driving.  I am working, and on the clock, and I expect to be paid for it.  If I log on line 1 than I can't get paid for wait time.

Answer 4

You are partially correct. Yes you should be logging the time waiting on the dock on line 4, however they are not forcing you to break any laws as they are not forcing you to drive. Now unfortunately when you get back in the truck, you must go back in the sleeper  for at least 8 hours, if they interupted your 10 hour break. Now your company will be the one breaking the law if they require you to drive before finishing your break. You will also be breaking the law if you drive before finishing your break. This is all assuming you have reached your 14 on duty or 11 driving or both.

The only out the company has here is if they issued you an off duty authorization card that says you are relieved from duty while loading or unloading the truck. If you have that card then you can legally log the waiting time as off duty line 1, except you must log 15 minutes on line 4 if you are required to sign for the load. That still messes up your ten hour break and you'll still have to log at least 8 hours on line 2 when you return to the truck or a combination of line 1 and 2 or line 1 or 2 if you take 10 hours or more break.