HOS and Tow Trucks.

Discussion in 'Trucking Industry Regulations' started by sbatson, Mar 17, 2010.

  1. sbatson

    sbatson Light Load Member

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    I drive a tow truck now( Because its the only thing I can find but its work) and was wondering what are the HOS rules, if any, we work local but sometimes go out further but we say come on work at 8 am and if its my night to be on call I wont get off untill 8am the next day, is this ok?
     
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  3. 3 Dog Nite

    3 Dog Nite Light Load Member

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    Are you being paid for being on call? That would imply "on duty". Not being paid, then "off duty". 8AM till 8AM is only 12 of the allowable 14 HOS on duty drive time limit. Unless you actually drove 11 of those 12 hrs, you don't have to stop driving at 7AM. No violations for sitting by the phone even on duty, not driving for 12 hrs straight.
     
  4. 59Panhead

    59Panhead Medium Load Member

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    I'm also in FL and drive a wrecker. I've never heard of HOS being applied to tow trucks. If there is I'm in deep dookie, there's been many nights I ran all day and up til 5am the next morning.

    This is pretty much the norm if you're the primary night guy for that given night. You might be able to get a couple hour nap at some point.

    Are you driving for a motor club or strictly private calls?
     
  5. 3 Dog Nite

    3 Dog Nite Light Load Member

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    HOS are not required for tow trucks because you usually keep under the 100 air mile radius. If you drive over 100 miles (as the crow flies) start logging.
     
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  6. kajidono

    kajidono Road Train Member

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    Never ran a log book driving a tow truck. Whatever the law says, they know better than to mess with the only people who can clear the highways for them.
     
  7. sbatson

    sbatson Light Load Member

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    Feb 14, 2008
    Ft Worth, Texas
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    We run motor clubs and private calls. Theres days where we are so busy that Ill start at 8 am and run untill about 10 pm or so and calls off and on all night. And we will run out of that 100 mile mark and do run a log book then to be safe.
     
  8. dieselbear

    dieselbear Road Train Member

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    HOS do apply, even if your under 100 air miles. The short haul exemption gets you out of a log book as long as you meet the criteria for the exemption. However, if you don't meet the criteria, you need a log book. Here's the short haul exemption for vehicles that require a CDL (100 air miles) and vehicles that don't require a CDl (150 air miles).

    (e) Short-haul operations
    (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:
    (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;
    (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
    (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or
    (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and
    (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (e)(1)(v)(A) The time the driver reports for duty each day;
    (e)(1)(v)(B) The total number of hours the driver is on duty each day;
    (e)(1)(v)(C) The time the driver is released from duty each day; and
    (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.


    (e)(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §395.3 and §395.8 and ineligible to use the provisions of §395.1(e)(1), (g) and (o) if:
    (e)(2)(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;
    (e)(2)(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;
    (e)(2)(iii) The driver returns to the normal work reporting location at the end of each duty tour;
    (e)(2)(iv) The driver has at least 10 consecutive hours off duty separating each on-duty period;
    (e)(2)(v) The driver does not drive more than 11 hours following at least 10 consecutive hours off duty;
    (e)(2)(vi) The driver does not drive:
    (e)(2)(vi)(A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and
    (e)(2)(vi)(B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;
    (e)(2)(vii) The driver does not drive:
    (e)(2)(vii)(A) After having been on duty for 60 hours in 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week;
    (e)(2)(vii)(B) After having been on duty for 70 hours in 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week;
    (e)(2)(viii) Any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
    (e)(2)(ix) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (e)(2)(ix)(A) The time the driver reports for duty each day;
    (e)(2)(ix)(B) The total number of hours the driver is on duty each day;
    (e)(2)(ix)(C) The time the driver is released from duty each day;
    (e)(2)(ix)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
     
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  9. phroziac

    phroziac Road Train Member

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    how many times a day do you quote this in real life traffic stops? sure seems like a lot of people just on this forum dont get (e)......

    I dont see why they think anyone would be exempt...even Katrina relief drivers had to take a 10 hour break and log it..
     
  10. kajidono

    kajidono Road Train Member

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    Underneath all these rules, tow drivers run 96 hour shifts and are never questioned. One rule that trumps all other rules is Respond to any police call within 20 minutes. If you die on the way, you'd better eat someones brains and show up before that timer expires.
     
  11. dieselbear

    dieselbear Road Train Member

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    If I had a dollar for everytime I could probably retire and be very comfortable from how many times I ask or say this over the years.
     
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