How Do The Federal Motor Carrier Safety Regulations (FMCSRs) Define On And Off Duty Time?
The FMCSRs define on-duty time as “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 the work.” This on-duty time includes: (1) all time at a plant, terminal facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by his or her employer; (2) all time inspecting, servicing, or conditioning any CMV at any time; (3) all CMV driving time; (4) all time in or on a CMV, other than: time spent resting in or on a parked vehicle, time spent resting in a sleeping berth, or up to two hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth; (5) all time related to unloading or loading a CMV; (6) all time repairing, obtaining assistance, or remaining in attendance upon a disabled CMV; (7) all time spent providing a breath or urine specimen (including the time traveling to the collection site); (8) performing any other work in the capacity, employ, or service of a motor carrier; and (9) performing any compensated work for a person who is not a motor carrier. It is noteworthy to mention that the FMCSRs do not explicitly define “off-duty” but it generally includes the 3 exceptions listed above (resting in parked vehicle, sleeping berth, two hours in passenger seat).
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