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Thread: Driving breaks

  1. #1
    Road Train Member corneileous's Avatar
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    Driving breaks

    Where in the regulations does it state how many hours of consecutive driving can a driver do before they have to take a break?

    For example, is it legal to drive longer than 6 hours at a time?

  2. #2
    Bobtail Member
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    Yes, you can.

  3. #3
    Road Train Member corneileous's Avatar
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    Where in the regulations does it ok that?

    If your employer says you have to drive for 11 hours consecutively, there's no law that protects you from that practice?

    I thought with the new regs you have to take a break after so many hours of driving.

  4. #4
    Medium Load Member tirednaz's Avatar
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    There is nothing in the regulation that says you need to take a break other than the 11/14 right now but next year it's calling for a 30 minute break within the first 8 hrs. of duty.

  5. #5
    Bobtail Member
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    You do, after the 11th hour. Common sense must be used here. I cannot drive personally for 6 straight hours but theoretically you can. Now this is up-to-date as of 2010 and if it has changed, I do not know about it as I do not have a new book. Don't believe everything a driver tells you, look it up.

    Drivers say you cannot put a recap on the steer tire. The regs do not say that. They say you cannot put a regrooved tire on the steer position. Personally, I would not drive on recapped steer tires.

  6. #6
    Medium Load Member BoyWander's Avatar
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    It's legal to drive 11 hours straight, and possible, too, if you have enough fuel, have food and water within reach, and wear a diaper.

  7. #7
    Medium Load Member ShootThis's Avatar
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    Quote Originally Posted by BoyWander View Post
    It's legal to drive 11 hours straight, and possible, too, if you have enough fuel, have food and water within reach, and wear a diaper.
    And do not find blood clots a nuisance.

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  9. #8
    ATM squishier -insert name-'s Avatar
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    I drive a straight 12-13(Shutup, I know.) Taking atleast 15minutes TOPS every 4 hours to take care of the body and relax a bit.

  10. #9
    Road Train Member NavigatorWife's Avatar
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    Can you stop and take a break with the guise of checking your trailer tires, truck tires, etc. Sounds like you have a pissy dm or company if they won't let you stop and take a break. I doubt if state laws for workers even apply to truck drivers.

    Copy and paste this into your web browser. It gives the info

    http://www.fmcsa.dot.gov/rules-regul.../hos/index.htm


    HOS Final Rule

    The Hours of Service of Drivers Final Rule [Download PDF Version] was published in the Federal Register on December 27, 2011. The effective dateof the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. ....


    Rest breaks


    PRIOR RULE

    None except as limited by other rule provisions



    FINAL RULE - COMPLIANCE DATE JULY 1, 2013


    May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed]


  11. #10
    Road Train Member NavigatorWife's Avatar
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    Some of what I copied and posted did not come through for some reason.

    The first line after rest breaks None except as limited by other rule provisions is pertaining to before Dec 2011.

    The second line May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed] is pertaining to next year.



    This is what some of the PDF says:



    81134 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations

    DEPARTMENT OF TRANSPORTATION
    Federal Motor Carrier Safety
    Administration
    49 CFR Parts 385, 386, 390, and 395
    [Docket No. FMCSA–2004–19608]
    RIN 2126–AB26
    Hours of Service of Drivers
    AGENCY: Federal Motor Carrier Safety
    Administration (FMCSA), DOT.
    ACTION: Final rule.



    SUMMARY: FMCSA revises the hours of
    service (HOS) regulations to limit the
    use of the 34-hour restart provision to
    once every 168 hours and to require that
    anyone using the 34-hour restart
    provision have as part of the restart two
    periods that include 1 a.m. to 5 a.m.

    It also includes a provision that allows
    truckers to drive if they have had a
    break of at least 30 minutes, at a time
    of their choosing, sometime within the
    previous 8 hours. This rule does not
    include a change to the daily driving
    limit because the Agency is unable to
    definitively demonstrate that a 10-hour
    limit—which it favored in the notice of
    proposed rulemaking (NPRM)—would
    have higher net benefits than an 11-hour
    limit. The current 11-hour limit is
    therefore unchanged at this time. The
    60- and 70-hour limits are also
    unchanged. The purpose of the rule is
    to limit the ability of drivers to work the
    maximum number of hours currently
    allowed, or close to the maximum, on a
    continuing basis to reduce the
    possibility of driver fatigue. Long daily
    and weekly hours are associated with an
    increased risk of crashes and with the
    chronic health conditions associated
    with lack of sleep. These changes will
    affect only the small minority of drivers
    who regularly work the longer hours.


    DATES: Effective date: February 27, 2012.
    Compliance date: The rule changes
    that affect Appendix B to Part 386—
    Penalty Schedule; Violations and
    Monetary Penalties; the oilfield
    exemption in § 395.1(d)(2); and the
    definition of on-duty time in § 395.2
    must be complied with on the effective
    date. Compliance for all the other rule
    changes is not required until July 1,
    2013.

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