Am I missing something here?

**Grumppy** · 08.28.2012

Originally Posted by lonelyswmtrucker

for starters u don't need a log book or anything of that nature other than a daily vehicle inspection report. if u don't run over a 100 air-mile radius, no log book is needed, then it being agricultural transporting crops from the field to the elevator there's another exemption; no HOS is used on this. if the DOT officer stops u, a log book is the farthest thing from his mind that he's interested in; knowing that ur grossed out if not more, he's going for overweight trucks. so all that hoo haa about HOS for that type of work goes right out the window. i'm doing that type of work myself right now near natchez.

Well that's the kind of input we was looking for. Some one who knows. We are all just guessing & just trying to figure out what the job is. We know from the ad it is hauling gain but we don't know if its from the field or from elevator to another elevator or to a barge somewhere etc.

But, you answered the farm question related to FMCSA (& thanks for that), but what if its a contractor that is for hire? I am guessing now that we can assume they are running less than 100 air mile radius & don't fall under the HOS rules whether 7/60 or 8/70 OR the 11/14.

Anyway, thanks for your input & knowledge in that specialized field

**WorldofTransportation** · 08.29.2012

Originally Posted by cherylsbears

Summary of Hours-of-Service (HOS) Regulations
	Print

Who Must Comply		HOS Final Rule
Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV. *In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any* of these descriptions:** Weighs 10,001 pounds or more Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more Is designed or used to transport 16 or more passengers (including the driver) not for compensation Is designed or used to transport 9 or more passengers (including the driver) for compensation A vehicle that is involved in Interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards is also considered a CMV		The Hours of Service of Drivers Final Rule [Download PDF Version] was published in the Federal Register on December 27, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. The links below provide more details regarding the HOS Final Rule: Download HOS Reference Materials HOS News Release Question and Answers Logbook Examples (PDF) New HOS Regulations - Part 395 Final Rule (PDF) Regulatory Impact Analysis (PDF) Appendices A-E (PDF) Environmental Assessment (PDF) Appendices A-E (PDF) AOBRD Waiver (PDF) New Petitions for Reconsideration and Replies (PDF) Updated

Summary of Changes of HOS Final Rule Published in December 2011
The table below [Download PDF Version] summarizes the differences between the prior HOS Rule and the new HOS Final Rule published in December 2011:

PROVISION	PRIOR RULE	FINAL RULE - COMPLIANCE DATE JULY 1, 2013
Limitations on minimum "34-hour restarts"	None	(1) Must include two periods between 1 a.m.- 5 a.m. home terminal time. (2) May only be used once per week.
Rest breaks	None except as limited by other rule provisions	May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed]
PROVISION	PRIOR RULE	FINAL RULE - COMPLIANCE DATE FEBRUARY 27, 2012
On-duty time	Includes any time in CMV except sleeper-berth.	Does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.
Penalties	"Egregious" hours of service violations not specifically defined.	Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers.
Oilfield exemption	"Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.	"Waiting time" for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in "remarks" or a separate line added to "grid."

Summary of HOS Regulations

The following table [Download PDF Version] summarizes the HOS regulations for property-carrying and passenger-carrying CMV drivers.

HOURS-OF-SERVICE RULES
Property-Carrying CMV Drivers (Valid Until July 1, 2013)	Passenger-Carrying CMV Drivers
11-Hour Driving Limit May drive a maximum of 11 hours after 10 consecutive hours off duty.	10-Hour Driving Limit May drive a maximum of 10 hours after 8 consecutive hours off duty.
14-Hour Limit May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.	15-Hour On-Duty Limit May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
60/70-Hour On-Duty Limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.	60/70-Hour On-Duty Limit May not drive after 60/70 hours on duty in 7/8 consecutive days.
Sleeper Berth Provision Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.	Sleeper Berth Provision Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours.

here it is straight from CSA itself, so read it at will. Dont violate its all on you the driver. Drive safely I do, I have driven 21 years no violations, they dont know I exist, I want to keep it that way

Different states have intrastate laws that override federal law as long as you don't cross state lines.. and most southern states have farm or oil field laws that make the driver into a slave..

**snowwy** · 08.29.2012

and let's not forget. that it's a local job. you're home every night.

70/8 doesn't apply.

you're on the 60/7 rule.

i once applied for a job. hauling sod with a forklift on the back. paid $15 hourly. worked 60 hours. but becuase it was agriculture. no overtime pay.

don't know if that's true or not. i never got hired. but if that's the case.

i'm betting that rule also applies to your grain hauling advertisement.

**fortycalglock** · 08.29.2012

If it's strictly intrastate, states make their own rules as stated above. For example, in FL you can drive 12 hours INTRAstate instead of the fed 11 hours. Just don't go to GA!

**Lonesome** · 08.29.2012

Originally Posted by snowwy

and let's not forget. that it's a local job. you're home every night.

70/8 doesn't apply.

you're on the 60/7 rule.

i once applied for a job. hauling sod with a forklift on the back. paid $15 hourly. worked 60 hours. but becuase it was agriculture. no overtime pay.

don't know if that's true or not. i never got hired. but if that's the case.

i'm betting that rule also applies to your grain hauling advertisement.

I hauled sod back in the late 80's, under the same rules you mention. Being classified as agriculture, the farmer didn't have to pay overtime. He also ran farm plates on his tractor trailers, and told us he could legally only haul products from, or to, his farm, but was not affected by weight limits, or oversize rules, if it fit on the trailer, he could legally haul it.

**IceCreator** · 08.29.2012

10 bucks an hour what a joke

**snowwy** · 08.29.2012

Originally Posted by IceCreator

10 bucks an hour what a joke

nice economy we have to work for such lower wages now.

**Passin Thru** · 08.29.2012

I have pulled loads of bulls and run 14 hrs and the DOT didnt even look at my truck, just said you need to get these dlivered and go to bed.. They just say OH! Go ahead. Same way when I hauled mail out of Harrisburg to NO-SAN and had 5-7 drops in b/n like Lk Chas and Waco. No one looked at my truck if I had US Mail on, they just stopped the truck behind me.

**IceCreator** · 08.29.2012

I know people with no schooling or special licenses that make that.

**Dreaman** · 08.29.2012

Probably have a way around the HOS figured. I can about bet the will work you like a slave for $10 an hour and you wont more than likely see any overtime. Dont walk RUN!