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To comply with the hours-of-service (HOS) regulations, knowledge of the difference between being “on duty” and being “off duty” is necessary. The distinction is much more complex than just “working vs. not working.”
The basic definition of on-duty time includes “... all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.” The definition of on-duty time includes:
What is off-duty time?
Off-duty time is not defined in the regulations, but it is essentially any time that is not spent on duty or in a sleeper berth. When a driver is free from obligation to the employer, the vehicle, and its cargo and is free to pursue activities of his or her own choosing, it is generally off-duty time.
Is a driver considered off duty when driving to a “safe haven”?
No. The concept of a “safe haven” applies only to drivers operating vehicles containing explosive materials and affects when those drivers are eligible to be off duty (see 397.5). For all other drivers, there is no exception that says they can exceed the HOS limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
What about fueling time?
Fueling is considered on-duty time because it involves the “servicing or conditioning” of a CMV. A driver who pulls into a fuel island and exits the vehicle to pump fuel has gone from “driving” to “on duty/not driving,” so that change in duty status must be recorded on the log along with the location. This is true even if the fueling takes less than 15 minutes, and even if done on a driver’s day off (because the fuel will be used for a business purpose).
If the fueling activity takes less than 15 minutes and the driver is using a paper log, the change in duty status can be “flagged” by drawing a line to the “Remarks” area of the log and indicating the location and length of time spent there. As with other changes in duty status, the activity performed during the stop (i.e., “fueling”) does NOT have to be noted on the log unless the motor carrier requires it under company policy.
To comply with the hours-of-service (HOS) regulations, knowledge of the difference between being “on duty” and being “off duty” is necessary. The distinction is much more complex than just “working vs. not working.”
The basic definition of on-duty time includes “... all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.” The definition of on-duty time includes:
What is off-duty time?
Off-duty time is not defined in the regulations, but it is essentially any time that is not spent on duty or in a sleeper berth. When a driver is free from obligation to the employer, the vehicle, and its cargo and is free to pursue activities of his or her own choosing, it is generally off-duty time.
Is a driver considered off duty when driving to a “safe haven”?
No. The concept of a “safe haven” applies only to drivers operating vehicles containing explosive materials and affects when those drivers are eligible to be off duty (see 397.5). For all other drivers, there is no exception that says they can exceed the HOS limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
What about fueling time?
Fueling is considered on-duty time because it involves the “servicing or conditioning” of a CMV. A driver who pulls into a fuel island and exits the vehicle to pump fuel has gone from “driving” to “on duty/not driving,” so that change in duty status must be recorded on the log along with the location. This is true even if the fueling takes less than 15 minutes, and even if done on a driver’s day off (because the fuel will be used for a business purpose).
If the fueling activity takes less than 15 minutes and the driver is using a paper log, the change in duty status can be “flagged” by drawing a line to the “Remarks” area of the log and indicating the location and length of time spent there. As with other changes in duty status, the activity performed during the stop (i.e., “fueling”) does NOT have to be noted on the log unless the motor carrier requires it under company policy.