New Driver HOS questions, Aswell As Opinions.

Discussion in 'Trucking Industry Regulations' started by Dewitt88, Jul 27, 2011.

  1. Dewitt88

    Dewitt88 Bobtail Member

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    Jul 27, 2011
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    Hi,

    I am currently driving for a company out of Jacksonville Fl. Local gig home every night off on the weekends. Pulling 48ft flatbed/Curtain side. Only 3 drivers at this branch.

    I have some questions, we run as far as Darlington SC (illegal, 6 hour ride one way). We deliver wood to cabinet shops to various locations.

    At times I have been over hours and called dispatcher (Operation Manager) prior to running over and been told "Finish the route or else" Well I have done my reading and learned we can run 1 16 hour day per week. Does 11 hour drive time still apply? Once this 16 is used in a 7 day period, it cannot be done again until the 7 day period restarts correct?

    Being new obviously I dont wanna lose my job, but I dont wanna get into trouble either.

    I have had some issues, cracked windshield, excessive play in steering wheel and so on I have mentioned and of course it gets blown off, he doesnt fix it.

    so my big question is if I refuse to do something illegal (HOS violation, Truck not safe, etc) Can they fire me legally? What kind of proof do I need?

    He has went as far to change my logs before sending them to corporate, I forgott to sign a log one day and he signed my name...I need some help getting out of this mess and honestly if I can take him out of the situation I will.

    Keeping in mind corporate only knows what he tells them and see's what he submits. They dont know of the situation but if I tell and he finds out then im gone im sure.

    Just a big mess, Got my CDL in 12/2010, Im extremely new and really need some insight with someone that has been there done that. PLEASE HELP

    Did i mention I started at $12 hour??
     
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  3. CondoCruiser

    CondoCruiser The Legend

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    Yes it's illegal. You can only apply local driving to the 100 mile rule.

    How lucky do you feel? How much do you want to protect your record and career?

    I know a guy that run 12 hours a day for years and never got caught. But with CSA2010 a man really needs to think twice.

    They are not twisting your arm to do it. So getting them in trouble falls right back on you. You could try talking with corporate.

    You always use the chain of command. If you don't get satisfaction with your boss, you talk with his boss. Maybe they don't know what he is doing?

    Now if you could record him or something if it's legal in your state, telling you "or else".... then you would have him by the boys! :)

    If you can't get satisfaction, stay working until you find another job.
     
    Last edited: Jul 27, 2011
  4. chalupa

    chalupa Road Train Member

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    Houston,Texas
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    Your questions are answered all over the board, just look. I will tell you this however, if that truck is not safe or has defects and you take it out...you are responsible. If you run hot, you are responsible.

    You are the captain of that ship so it's on you........ good luck.
     
  5. Dewitt88

    Dewitt88 Bobtail Member

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    Jul 27, 2011
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    Thats what I thought being we drive out of the 150 miles we are regional correct?
     
  6. lostNfound

    lostNfound Road Train Member

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    It's 100 air-miles, but you're waaaaay outside it.

    You're on 11/14. And you dont get a 16-hour day either.

    If you have proof of any of what he has said or done then you have him and the company by the short & curly ones... so long as you are not complicit. You would be in a very strong position to sue them if you are dismissed and the FMCSA would make them even unhappier.

    There must be someone in corporate who is responsible for safety/compliance... that's who needs to know.
     
    Last edited: Jul 28, 2011
  7. Meltom

    Meltom Road Train Member

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    time to educate yourself, your company wont do it for you. You also might want to consider moving on before you do damage to your PSP. Read the boards, check out the FMCSA website, ask a bunch of questions and figure out the right move for you.
     
  8. CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    Time to edit :) You're right and I'm sleepy. zzzzzzzzzzzzzzzzzzz

    Yes, somewhat regional Dewitt. Dedicated regional?
     
  9. Injun

    Injun Road Train Member

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    I'm too tired to look up the reg. It has been discussed ad nauseum. Radius miles [§395.1(e)(1)]have nothing to do with the 16-hour exception. [§395.1(o)] They are mutually exclusive.
     
  10. Dewitt88

    Dewitt88 Bobtail Member

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    Jul 27, 2011
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    See im so confused...

    Read this and yall help me understand.

    http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/hos-proposed.aspx

    "Regional" allowed one 16-hr. period "weekly" but release from duty required after 16 hrs;



    Ok this is how it is...

    If you refuse a run, they load you goofy and threaten with rite ups, suspension and then your the bad guy. The branch manager (My managers boss) see's it all and allows it. Im concerned if I go to the corporate office they are going to contact my branch and put me in hot water, im new so i wanna be sure I know what I am talking about. When i first started I played with the log book to make it look legit, I dont it for a month or so and decided im not gonna do this. Im off today but here is what he wants me to do tomorrrow. Keep in mind we hand unload some of our stops so we may be there 30min to a hour.

    Jacksonville Fl to Midway Fl To Americus Ga, to Albany Ga, To Moultrie Ga, To Valdosta Ga, Lakeland Ga And Back To Jacksonville. If you google it just the drive time is to much.

    I have logs in my book that do not match what he submitted to the corporate office. He has changed them after I tore them out, altered miles, and even signed my name. I love the job, but the better I learned the routes the more he has thrown on me until its just too much, we need more drivers, I worked 16 hours tuesday. He gave me today off because I would have hit 60 hours, and he wants me to run tomorrow.
     
  11. Injun

    Injun Road Train Member

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    The requirements for a 16-hour extended work day are you return to the same terminal at the end of every shift for the past 5 shifts, you have a 10-hour break on each end of that 16 hour day and you use it only once in each 7 days on duty unless you have a 34-hour break in between. The 11 hour maximum driving limitation still applies.

    Air radius miles have not one thing to do with the 16 hour provision. State lines have nothing to do with it.

    Please do not confuse yourself with that 100 mile provision. It does not apply to you and has nothing to do with this discussion.
     
    lostNfound Thanks this.
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