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Thread: 16 Hour Rule?

  1. #1
    Bobtail Member
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    16 Hour Rule?

    Guys,
    Am I wrong or not. If you leave a terminal and return to that same terminal the same day 16 hours later, isn't this legal? I understand you can do this once every eight days. I believe it is stated this way on the log book. Am I missing something? Thanks for the replies.

    cyclerider


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    US or Canada>

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    Basically that is correct. You can work past your 14th hour but you are still limited to 11 hours drive time.

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    Medium Load Member Wicked Wizard's Avatar
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    Quote Originally Posted by rockee View Post
    Basically that is correct. You can work past your 14th hour but you are still limited to 11 hours drive time.
    FMCSA BOOK sec $395.1 (e)(2) Short Haul operations (0) and 395.3 (2)

    This basically says if you report to the same place everyday AND return everyday, you may use the 16 hour rule once every 7 days or once after a 34 hour reset. I didn't believe it myself until I looked it up.

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    Thanks Guys,
    I am in the US. I wonder what other rules are out there we don't know about....... Thanks again.

    cyclerider

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    But you still have to take 10 ours off..?? Personally, I never heard or knew about that rule either. But I would still think you have to take 10 hours off, so that would put you 2 hours later than normal comming into work the next day..?? OR are you given only 8 hours off instead???

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    Road Train Member chalupa's Avatar
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    No Grumpy, still gotta do 10. Be careful drivers ! The scantron for scannable logs doesn't know how to read this so it will be kicked to safety for audit.

    E-logs knows how if your carrier has put the option in, some have, some have not.

    And Grumpy, you can never drive over 11 for any reason. All the 16 does is give you a way back if you were caught with excessive on duty time and you can only do it once in a given period.

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  9. #8
    Road Train Member Tazz's Avatar
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    Quote Originally Posted by chalupa View Post
    No Grumpy, still gotta do 10. Be careful drivers ! The scantron for scannable logs doesn't know how to read this so it will be kicked to safety for audit.

    E-logs knows how if your carrier has put the option in, some have, some have not.

    And Grumpy, you can never drive over 11 for any reason. All the 16 does is give you a way back if you were caught with excessive on duty time and you can only do it once in a given period.

    For the love of logic will people please start reading the regulations regarding this industry before opening their mouth with incorrect information.







    Hours of service of drivers
    § 395.1Scope of rules in this part.

    (a) General.
    (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (q) of this section.

    (2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. (b) Adverse driving conditions.

    (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by § 395.3(a) or § 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive—

    (i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

    (ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

    (iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles.

    (2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.


    http://www.fmcsa.dot.gov/rules-regul...eg=395.1#Tag25



    And yes the provision that was kept secret





    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 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 § 395.3(c).



    Jeez crack a book(or a web page ) every once in a while
    Last edited by Tazz; 04.24.2011 at 06.22 PM. Reason:: Bad CCP

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    Road Train Member chalupa's Avatar
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    Never mind Tazz, ........

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    Medium Load Member double_r's Avatar
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    Quote Originally Posted by Tazz View Post
    For the love of logic will people please start reading the regulations regarding this industry before opening their mouth with incorrect information.







    Hours of service of drivers
    § 395.1Scope of rules in this part.

    (a) General.
    (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (q) of this section.

    (2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. (b) Adverse driving conditions.

    (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by § 395.3(a) or § 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive—

    (i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

    (ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

    (iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles.

    (2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.


    http://www.fmcsa.dot.gov/rules-regul...eg=395.1#Tag25



    And yes the provision that was kept secret





    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 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 § 395.3(c).



    Jeez crack a book(or a web page ) every once in a while
    Section E: http://www.fmcsa.dot.gov/rules-regul...s/hos-faqs.asp

    The 16 hour exemption for LOCAL DRIVERS was never a secert. Some companies will even route ONE sixteen hour day into a driver's route.

    It allows us to drive PAST the 14th hour, but not exceed 11 hours of driving.

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