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Thread: Driving breaks
- 08.07.2012 #1Road Train Member
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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?
- 08.07.2012 #2Bobtail Member
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Yes, you can.
- 08.07.2012 #3Road Train Member
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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.
- 08.07.2012 #4Medium Load Member
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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.
- 08.07.2012 #5Bobtail 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.
- 08.07.2012 #6Medium Load Member
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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.
- 08.08.2012 #7
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- 08.08.2012 #8ATM squishier
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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.
- 08.08.2012 #9Road Train Member
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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 breaksNone except as limited by other rule provisions
PRIOR RULE
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]
- 08.08.2012 #10Road Train Member
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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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