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Is the driver allowed to record his stops during a tour of duty as off-duty time when the commercial motor vehicle (CMV) is laden with HM and the CMV is parked in a truck stop parking lot?

Document

Hours of Service Definitions

§395.2 Definitions.  

Guidance Q&A

Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the commercial motor vehicle (CMV) is laden with HM and the CMV is parked in a truck stop parking lot?

Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with §397.5 of the FMCSRs.

Regulatory Topic: Hours of Service Definitions
Effective Date: Sunday, May 4, 1997
Issued Date: Friday, April 4, 1997