home time law

I see that none of the gurus have jumped on this, so I am going to approach your delimma using some common sense (OK, that is contrary to my response title).
25(2)+2 is first of all corect. No law covering this specifically.
First of all (as previously stated), all this depends on exactly what the company policys states. Is it written out to where there is no wiggle room, or is it something that is a verbal agreement that is a little bit loosey-goosey? The only thing that is somewhat definate in your situation is HOS, not hometime.
Next most hometime policy is usually set up to at least get a 34 hour reset before returning to work (in the case of most OTR's). Alot of companys set out an hour range for a specific number of days (for example, 2 days = 34-52 hours).
Maybe it is just me, but if I am at home for three days, and then have to leave out for a day, that is just three days hometime with 3 days in the bank account. It is completely understandable in this situation for an employee to self generate an employment "law". Most OTRs make plans for their hometime, and if they are having to jump back to work all the time, then there is no quality to their time home.
Yes, your employee is spinning a yarn, but you have to reason "why". I would venture to guess that the continued tenure of your driver is resting on what you do.

 

As far as I know there isn't a law but most otr gigs give you 1 day off for every week out (7 days but really, who's counting?). What would likely occur if you had 6 days coming and decided to take them all is, you would have to give up your truck which means you have to go through the process of getting another truck which may or may not be ready/available for you when your six days is up.

No otr company in general will let you go home three, run for a day, and then go back. They're most likely going to want you out for at least 10-12 days before getting back. But I agree with Gone, it's banked time. Whatever you don't use, should still be available to you in the future.

I'll tell you what I did, and they let me do this twice, but then it changed due to the economy. Instead of taking my entire vacation at once, I asked my DM if I could split it up so I'd go out for two weeks (2 days earned) and go home for 4 days (2 earned and 2 vacation days).

I got 4 of my vacation days used up when they decided that wasn't going to work any more. Anything your dm does for you or tells you is never written in stone. They will flip on you in a heartbeat. These companies will actually make you give up your truck to go on vacation in these economic times (maybe not always but it's not uncommon) and this puts a strain on the driver if they have a good truck they don't want to give up.


For me, 2 days for two weeks just isn't enough time. I think a more reasonable balance would be 4 days home for two weeks out but hey, that's just my opinion and I'm not paying for their truck.

 

Your driver seems to think you're a fool!

There is no such law.
If he lies to you about that...What else will he lie to you about?

Time to look for a better class of driver in my opinion!

 

Sounds like your driver needs to learn not to try and pull the wool over peoples eyes

 

Are you sure he's not talking about doing a 34 hour reset? To reset his 70 hour rule. That 34 hours has to be done continuously. Other than that, there is no rule about being home. He can do his 34 reset sitting in a truck stop if necessary.

You can keep your driver out for 3 years at a time if you want. As long as he resets his 70 hour rule when its due. There is NO law to make you bring him home lol.

 

But if you don't get him home, you might have to hunt down your truck in buttphirked egypt somewhere when he leaves it on the side of the road lol.

That can get real expensive and though you could sue to get your recovery money back, that's going to take a long time friend if'n you can even get any money back from him at all lol.

 

Sounds like you may need a new driver. OBTW, what are you doing now. Your profile says you are a student, so from your posts, I take it you are a whole lot more than a student now...I realize that was two years ago.

Just wondering, well, actually, just nosy about what is happening with you.