Profile For John D.

So if I am interpreting their interpretation correctly...

the first sentence means: "just because I am being paid does not mean that DOT automatically considers me ON DUTY"

the second sentence means: "I can be considered (by DOT) OFF DUTY and still be paid during that time"

I must admit that this "guidance" by DOT is still somewhat fuzzy. It seems that have left themselves discretion in their wording to still hang us (or hang ourselves is more like it) if they choose to.

Another interesting section from the "Interpretation for 395.2":

Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a Commercial Motor Vehicle (CMV) from the last stop to home and not show that time on the time cards?

Guidance: The Federal Motor Carrier Safety Regulations (FMCSRs) do not address questions of pay. All the time spent operating a Commercial Motor Vehicle (CMV) for, or at the direction of, a motor carrier must be recorded as driving time.

The key phrase here (in my mind) is

The Federal Motor Carrier Safety Regulations (FMCSRs) do not address questions of pay.

So again, the DOT seems to be saying "whether the driver is being paid or not is NOT determinative of the issue of whether or not that driver is ON or OFF duty!"

Am I wrong?

OK so I found this in the "Interpretation for 395.2" on the DOT website, and it is the closest thing I have found resembling an answer to my question.

Question 10: How does compensation relate to on-duty time?

Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.

So do this not say that a driver can be considered "off duty" (under certain conditions) and still be paid?

It seems to me that this little bit of "interpretation" settles the matter.

DOT does NOT decide the matter of whether or not I am taking a legal 30 minute break (ie OFF DUTY) based solely on whether or not I am being paid during this time.

Thanks so much for the helpful responses.

I would love to talk personally to someone in my area who is actually responsible for enforcing DOT rules. I don't even know where to start with that. The highway patrol? A federal agency of some kind?

I mean, who would be the best official source to answer my question (I would think that it would be someone whose job it is to actually come in and audit us).

I live in a pretty big metro area (Oklahoma City), so I would think I could find someone here who could personally answer this issue matter-of-factly for me and my employer.

Thanks again!

Thanks for your response.

I do keep a log book - but I also stay within 150 miles on probably 95% of my days driving.

I start a log every single day in case I go over 100 miles (that is the critical distance we have always been told) and/or work over 12 hours. Most days I don't have to turn one in.

Can I ask what is your source for basing your answer on whether or not I keep a log book?

I assume it is just because a log book allows me to document the details of my day, which is what DOT is looking for when they come to audit us.

If that is the case, then is there some other form of documentation (other than clocking us out) to make those guys happy?

Why can't I just turn in a log book every single day whether I am required to or not?

It seems to me that the new rule could be interpreted to say that from now on all drivers must keep a log book every single day just to show that the 30 minute break was taken!

If that would satisfy them then it beats the heck out of this pay cut that I am grinning and bearing. A very small burden (relatively speaking).

By the way everyone in my company is allowed a 30 minute lunch with pay (office workers, warehouse workers, crew members).

My company has decided that it must clock me out in order to satisfy the new DOT 30 minute break rule.

I don't see this requirement (clocking the driver out) in the actual regulations - just that the driver must be "off duty".

My company has always allowed me to take a 30 minute lunch break with pay. So I have been in 100% compliance with the intent of this (new) rule for years and years.

Now they think they have to clock me out in order for me to be in compliance.

By clocking me out for 30 minutes, and not changing my pay otherwise, this is a substantial pay cut for me.

It basically wipes out my last 3 raises, going back nearly 4 years.

My raises have averaged less than 1.5% a year for the last 6 years I have been with this company, which is less than the rate of inflation over that time - and I have never complained about this and am not complaining now.

CUTTING my pay and wiping out my last 3 raises DOES cause this dog to whine.

I have googled this issue and found lots of confusion from people - both managers and drivers.

Any help would be greatly appreciated.