Berth or Bed

faey06

Site Supporter
10
Can anyone tell me the difference? When a driver picks up last night & was sent home to utilise his warm,snuggly bed & marks himself "off duty" as was correct. Then after delivering this morning, gets pulled into the scales & is told that you cannot split your log at home.... it has to be in the sleeper berth!! So in future, if he sits on his driveway & runs the engine all night & gets his girlfriend to visit him outside, then everything is OK:confused:
 

TRUCKIT

Site Supporter
10
Well we all know that's not going to happen. The driver now knows how to play the game..............
 

snafu

Active Member
10
Faey,

Without seeing how your driver logged what you described as "split", if he showed OFF Duty at home which matches the address on his driver's license then it is legal.

Providing this all occurred in Ontario?


"on-duty time" means the period that begins when a driver begins work or is
required by the motor carrier to be available to work, except where the driver
is waiting to be assigned to work, and ends when the driver stops work or is
relieved of responsibility by the motor carrier, and includes driving time and
time spent by the driver
(a) inspecting, servicing, repairing, conditioning or starting a
commercial vehicle;
(b) travelling in a commercial vehicle as a co-driver, when the time is not
spent in the sleeper berth;
(c) participating in the loading or unloading of a commercial vehicle;
(d) inspecting or checking the load of a commercial vehicle;
(e) waiting for a commercial vehicle to be serviced, loaded, unloaded or
dispatched;
6
(f) waiting for a commercial vehicle or its load to be inspected;
(g) waiting at an en-route point because of an accident or other unplanned
occurrence or situation;
(h) resting in or occupying a commercial vehicle for any other purpose,
except


(i) time counted as off-duty time in accordance with section 10,
(ii) time spent in a sleeper berth,
(iii) time spent in a stationary commercial vehicle to satisfy the requirements
of sections 13 and 14,
and
(iv) time spent in a stationary commercial vehicle that is in addition to the
off-duty requirements of section 14; and
(i) performing any work for any motor carrier. (heures de service)

Mandatory Off-duty Time
13. (1) No motor carrier shall request, require or allow a driver to drive and
no driver shall drive after the driver has accumulated 13 hours of driving
time unless the driver takes at least 8 consecutive hours of off-duty time
before driving again.
(2) No motor carrier shall request, require or allow a driver to drive and no
driver shall drive after the driver has accumulated 14 hours of on-duty time
unless the driver takes at least 8 consecutive hours of off-duty time before
driving again.
(3) No motor carrier shall request, require or allow a driver to drive and no
driver shall drive after 16 hours of time have elapsed between the
conclusion of the most recent period of 8 or more consecutive hours of offduty
time and the beginning of the next period of 8 or more consecutive
hours of off-duty time.
Daily Off-duty Time
14. (1) A motor carrier shall ensure that a driver takes and the driver shall
take at least 10 hours of off-duty time in a day.
(2) Off-duty time other than the mandatory 8 consecutive hours may be
distributed throughout the day in blocks of no less than 30 minutes each.
(3) The total amount of off-duty time taken by a driver in a day shall include
at least 2 hours of off-duty time that does not form part of a period of 8
consecutive hours of off-duty time required by section 13.
 

faey06

Site Supporter
10
He'd picked up in New York. The MTO said that they could have fined him, but didn't... they only dinged our CVOR
 

jonny-chicken

Site Supporter
30
They didn't fine you because that would make it easy for you to fight it. Not so simple if you want to fight that "ding" on your CVOR. I got "dinged" in a similar way a couple months back.
 

faey06

Site Supporter
10
yep that's virtually what the MTO officer said..... ah well just have to "do it right" next time!!!
 
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