34 Hour Restart

From the parts I changed to pink:
So, from what you state above, ps, if you take a 34 during a timeframe that you have a load, it is considered on duty and you'd need permission to leave the truck. Not that you'd have too many times where you'd have a load that can wait til your 34 is over, but it is possible. Or would it be considered a 34, if you're on duty??

Thanks!

 

If I p/u a load on fri. that don't del. til mon. and it only had short miles on it I guarantee i'll do a 34hr restart over the weekend where ever i'm at. and it WILL be legal and I will not spend the whole 34hrs in the sleeper.

 

I'm not psanderson, nor do I play him on the Internet, and I did not stay in a Holiday Inn Express last night, but I'll field this one.

When you are on your 34 you are not on-duty, therefore you do not need the carrier's permission for anything. And, yes, you can legally take your 34 while under a load excepting certain haz-mat loads which psanderson has already made reference to in another post in this thread.

 

Exactly!!!!!!!!! Why would anyone not want to do a 34 if they can get it in.

 

Speaking of 34's, are most companies going to get on your case if you take too many? What if you have time to drive, but want to take a restart? Is it up to you, mostly, or does it depend on forced dispatch?

What about not wanting to drive at night? I know that it is best to drive during the day, but of course, sometimes it can't be helped. Wouldn't the company (through the voice of the all mighty dm/qualcom) have the right to tell you to get'r done!

 

No, it is not. The 10, and 34-hour rest is not duty time and the written memorandum is inapplicable. Any legal rest period is in simplistic terms your time, not the companies. No legal rest period may be considered duty time. Another simplistic way of understanding it would be to state it like it is written on line 1 of the RDS............"Off Duty".....during rest legal periods. But you still use the sleeper when in there. No matter if you are loaded or MT, legal rest periods are just that.

I can't think of a more simplistic way if stating it. Does this make sense to you?

 

If you're an owner operator it is illegal to force dispatch you under the old ICC rules incorporated somewhere (I can't remember where) into the Surface Transportation Board rules if I remember correctly. May have been somewhere else though but in my old age my mind is the second thing leaving me. Don't ask the first because I can't remember but I think it has something to do with that old Elvis song...........Viva Viagra.

"Get'r done" is not a legal direct order, but merely a statement. You could be on a legal rest & they message you to do that but it could be completed legally after your legal rest. So what do you tell them at that point in time? You say; "yes sir" and continue with your rest period. And under the interpretations of the rules short periods of time such as that are not duty time (look at the interpretations of part 395 and you will see that) or I can also look that up & post it too but it may take me a while to find it.

It is illegal for a dispatcher, or any other carrier official to order you to violate the rules. But dispatchers aren't dumb either. They'll say things like "I really need you to do this" and other such things but that is not a direct order. Many drivers unfortunately do consider that a direct order & then they are the ones who are violating because they were not given a direct order. A direct order is in the line of; "do it immediately or you're fired" when you don't have the driving hours to complete the run on time.......things like that. That's when you turn the dispatcher in to the FMCSA who will then by law investigate within 60-days. Evidence is also helpful when reporting to the FMCSA. Your Qualcom message(s) and a copy of your logs for that time period would suffice. You would then be held anonimous and the carrier would not know who turned them in. They can suspect but they could not prove who did it and it takes proof to fire anyone legally. Illegal termination is delt with by the U.S. Dept. of Labor. They can get you your job back, lost wages & 18% interest. Then the carrier will only give you 600 mile a week when you were getting 2,600. So you go back to Dept. of Labor & they get you the difference between 600 & 2,600 and 18% interest.

 

Missed this little gem before.

You don't have to do any of your 34 in the sleeper. You can sleep on the ground if you want, or not sleep at all (but don't attempt to drive if you are fatigued ) The 34 is off-duty. Period. You are not working, nor under the supervision of the carrier in any manner. If you are, then you are not off-duty.

 

NEVER mistake any "guidance", or "interpretation" as the regulations ... ever. If you do, at some point, you will be sorry. Even if they are from the originating regulatory body. Always cross-reference any information from a guidance, or interpretation publication with the actual regulations themselves.

Here's the disclaimer from the FMCSA publication "A MOTORCARRIER'S GUIDE TO IMPROVING HIGHWAY SAFETY":

Translation: If you rely on this publication and it differs from the regulations/legislation ... too bad for you.

 

I missed it as well. But what may one expect from someone that knows the rules as well as he?

I pull my interpretations right from my former employer. Like I said......they forgot to remove some of my passwords.