on duty not driving after 14

Discussion in 'Trucking Industry Regulations' started by airforcetoo, Jul 6, 2012.

  1. otherhalftw

    otherhalftw R.I.P.

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    WELL THEN......I guess an OFFICIAL DECLARATION has now been unofficially derailed.....and we were so close to declaring:

    This thread has been

    HIJACKED

    *for objective evaluation of rules governing Hijacking, please refer to:
    http://www.thetruckersreport.com/truckingindustryforum/a-discussion-about-everything/120745-hijacking-club-membership.html
     
    25(2)+2 and Meltom Thank this.
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Dumb blonde or not, I wouldn't kick Kellie Pickler outta my bed....:biggrin_25525:

    Computers are only as smart as the person programming them. If the person who set up the rules the EOBR is using was as misinformed as a lot of folks around here seem to be, it will show violations where none actually exist or might allow a driver to violate the HOS without realizing he is in violation.
     
  4. snowwy

    snowwy Road Train Member

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    i was told by scale that anything less then 15 minutes doesn't need to be logged. could be flagged but not necessarily logged.

    a lot of times i fuel the truck and park, eat, shower, whatever. on my 10. usually i flag my fuel with my post inspection. OR, i'll fuel at the end of my 10 when i'm starting the 11 and combine with my pre inspection.

    where's the scalemaster to answer that question.

    i was also told back when i first came out 13 years ago. was that off duty meant that you are cleared from any duty status when your trailer was empty. if your sitting under a load. you really can't declare yourself as off duty. becuase you have to keep an eye on that load.

    but that was back then. the rules have obviously changed a lot since.
     
    Last edited: Jul 8, 2012
  5. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    ANY change of duty status needs to be logged. A short change of duty (such as a quick stop to let your old coffee out & refill your mug) can be flagged with no actual time shown...typically if it takes less than 7.5 minutes, flag it...more than 7.5 minutes, show 15.

    I haven't shown time for a pretrip since the 14 hour rule went into effect. Instead, I flag the pretrip and show time for the post trip, because if I need every bit of time that I can get in order to make it home, that 15 minute inspection might be the difference between being legal or driving 15 minutes past the 14th hour. You can log line 4 time past the 14th hour to complete your post trip to show a 14.25 hour day...but if you showed 15 minutes for a pretrip at the beginning of the day, you cannot drive to the 14.25th hour.

    Fueling the truck at the end of the day and then parking where you fueled is also inviting fuel theft, as the thief can see that you just topped off before parking for the night and knows you've got enough fuel to make you a worthwhile target.

    ...and you can be off duty while under a load. Unless it is a hazmat or other sensitive load which specifically REQUIRES you to remain in attendance of the vehicle & load, you can park it & go off duty. Every time I load one day to deliver the next, I'm off duty with a loaded trailer parked here at the house. If I take a road trip and cannot deliver the same day as I load, I am off duty from the time I park the truck at the motel until I climb back in the next morning.
     
  6. snowwy

    snowwy Road Train Member

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    that's why most times i fuel before leaving. unless i'm completely outta fuel. and need to run the motor.

    our company gives us violations everytime we hit the 11, 14, 70 mark exactly.

    we're expected to do a cross country trip with only 10 3/4 hours instead of 13 1/2 on a log page. kind of hard to do with only 3 or 4 days to deliver. pending the distance.
     
  7. dude6710

    dude6710 Road Train Member

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    Not really, 100 air mile only requires you to do a pre and post trip.
     
  8. not4hire

    not4hire Road Train Member

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    You can "flag" periods of less than 15 minutes, but the elapsed time of the event must be written down.

     
  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Try again.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.1
    (e) Short-haul operations—(1) 100 air-mile radius driver. A driver is exempt from the requirements of § 395.8 if:

    (i) The driver operates within a 100 air-mile radius of the normal work reporting location;

    (ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

    (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
    (B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

    (iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in §395.3(a)(3) following 10 consecutive hours off duty; or
    (B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

    (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

    (A) The time the driver reports for duty each day;
    (B) The total number of hours the driver is on duty each day;
    (C) The time the driver is released from duty each day; and
    (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.


    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.1&guidence=Y

    Question 16: May a driver use a record of duty status form as a time record to meet the requirement contained in the 100-air-mile radius exemption?

    Guidance: Yes, provided the form contains the mandatory information.


    Question 17: Is the “mandatory information” referred to in the previous guidance that required of a normal RODS under section 395.8(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)?

    Guidance:
    The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

    Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.


    Question 18:
    Must the driver’s name and each date worked appear on the time record prepared to comply with §395.1(e), 100-air-mile radius driver?

    Guidance: Yes. The driver’s name or other identification and date worked must be shown on the time record.
     
  10. airforcetoo

    airforcetoo Heavy Load Member

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    so ... who's winning the truez or the falsez?!?!?
     
  11. Meltom

    Meltom Road Train Member

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    We're split 8 and 2
     
    not4hire and airforcetoo Thank this.
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