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Company told a driver to use the 16 hour rule if needing more than 15 mins. to get to destination but only use that rule 1x a week. Is this legal for an over the road driver to use this rule? I believed that rule was only for local drivers,that drive under 100 mile radius..
explain the 16 hour rule for OR drivers Please.
Not true unless the driver operates a property carrying vehicle and is released from duty at the home terminal. See 395.1(o) below. To use this exemption, all three conditions below must be met.
TRANSPORTATION CHAPTER III
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
HOURS OF SERVICE OF DRIVERS
Table of Contents
Scope of rules in this part.
(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of Sec. 395.3(a)(2) if: (1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; (2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and (3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by Sec. 395.3(c).
395.3(a)(2) is the 60/70-hour rule, and 395.3(c) is the 34-hour restart. If the driver is using this exception then he/she must return to the home terminal before the 16th hour, and it may only be used once per week. So essentially you are correct in that you can't use it to make a delivery unless you can legally return to the home terminal withing that time frame, and have done so every day for the previous 5-days. As a general rule, only a local driver may use this as an OTR driver usually doesn't return to the home terminal every day.
From a retired federal DOT official.
The regulations does not stipulate what type of truck is required to use this exemption. Only that you have to meet the criteria as psanderson has posted.
In my opinion the regulation is meant to be for a driver that works from the same terminal each day, and one day a week he may get an extra load. or for that same driver to reach his 14th hr on duty and only be a few minutes up to 2 hrs from reaching his home terminal. This allows the driver to return home and finish his day as long as not exceeding the 11hr driving regulation.
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