is there a law that says that truck companies must provide driver home time in consecutive days? For instance, if you deserve 6 days, do you have to spend 6 consecutive days at home or can you split up your home day. For instance, spend 3 days home then go out 1 day and come back to spend 3 more days home.
Is there such a law? Or, is my employee making this up?
home time law
Discussion in 'Trucking Industry Regulations' started by kenwortht660, Mar 19, 2010.
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As far as I know, there is no law, company policy dictates what is expected, but that policy is subject to interpretation and modification if the need arises.
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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.25(2)+2 Thanks this. -
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. -
Thank you for all your answers. Much appreciated. The reason why is I asked about the split in home time was because I had my driver pickup a load to head home for his home time. However, the delivery was not for a couple of days because it was a weekend. Therefore, the driver had to take the truck out to deliver on Monday about 10 miles from where he lives.
I offered to give him an extra day off however, he said that by "law" his off days should be consecutive and it will start after his delivery. It doesn't seem like he's very motivated to work.Last edited: Mar 19, 2010
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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
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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. -
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. -
Just wondering, well, actually, just nosy about what is happening with you.
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