New HOS

Discussion in 'Trucking Industry Regulations' started by Meatball, Dec 17, 2013.

  1. Meatball

    Meatball Bobtail Member

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    Dec 17, 2013
    Lancaster,OH
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    [h=2]HOS[/h]
    Hi all,
    Just a quick question about the NEW HOS that went into affect on Jul 1, 2013. The Company I drive for says I cannot use the Restart provision at all, even though I am home on Friday's and leave back out on Sunday's, thus having 34+ hours off-duty. I was recently introduced to the Drivers Daily Log (DDL) Software and have noticed that the new HOS is embedded into the software.
    I was written up but my Company 11 times in OCT. for being over my 70 hours in 8 days even though I had the proper time off according to the Rules and reg. imposed by the FMCSA. When I asked the compliance person about the rules, she said "The ATA says to the throw the 34 hr. restart out the window, that it doesn't pertain to us". My Question is this; Isn't the FMCSA the governing body in the trucking world? I think so, so why should they be listening to the ATA. I clearly showed her the mistakes from there side and she disagreed with me.
    My next option is take my logs the FMCSA field office here in Ohio and have them check my logs for mistakes since my company stills I am wrong. I have been using the same recap sheet for the past 10 yrs. when the 34 restart rule was first implemented. Why would in change.

    Am I correct in this matter? Because I think I understand the better than our company compliance lady.

    Thank you
    Meatball​
     
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  3. speedracer 1963

    speedracer 1963 Medium Load Member

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    illinois
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    your safety director is right

    in order to make the 34 hr rule work according to the dot. you need to be home or start your 34 by thurs night. Sadly if your company does not want to use the 34 hr rule ? they have the right to enforce it in their company. All they have to say ( should you complain to the dot ) is our dispatch system doesn't work properly within those rules.

    sorry for the bad news
     
  4. Meatball

    Meatball Bobtail Member

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    Dec 17, 2013
    Lancaster,OH
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    Thanks Speedracer, however there are other drivers that do the same thing as I do and do NOT get written up. They leave out on Sundays and come back, go home the next day. I on the other stay in the truck ALL week because I live 92 miles further north than they do. If you Leave out on Sundays @ noon and work past 3 pm on Friday you would have went past the 168 hr. mark. But if you get home anytime on Friday before midnight you can still use the 34 Restart. You would have exceeded the 168 and have the 2 periods between 1-5 am, Therefore you could use the 34 restart. Buy the way the company/Dispatch has no clue of how the HOS works.
     
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  5. STexan

    STexan Road Train Member

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    Longview, TX
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    I don't know if you're correct in this matter or not ... being over 70 hours is over 70 hours regardless of whether you took a restart or not. Now, if you were operating under the assumption you were starting from 0 (restart), then quickly getting into trouble I can see that, but you mention your company does not allow restarts, so I'm a little confused as to what your situation may or may not be.

    Or perhaps you're doing your restarts too soon after the previous where they can't be implemented and used (as per DOT 168 hour rule)?

    I suppose a company can impose their own "log rules" as long as they are more restrictive then federal law, but it's seems like a real questionable matter if so, especiallt in regards to whether or not you can take a legal restart according to federal DOT rules
     
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  6. not4hire

    not4hire Road Train Member

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    Without knowing when the OP starts his reset and without knowing when he starts his work week, you have no idea whether his company person is right or not.

    For the OP, you can start your reset as late as 7 PM on Friday and be good to go at 5:01 AM on Sunday.
     
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  7. Raezzor

    Raezzor Quis custodiet ipsos custodes?

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    Columbus, OH
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    If you started your reset at 2359 Friday night you would have to wait until 0959 Sunday morning for your restart to be finished. If you needed to leave earlier then that then obviously you would have to start the restart earlier. All in all it's a moot point however since your company won't let you use it. Which is one of the most idiotic things I have ever hear a company do, since running on recap is a pita.

    Edit: The ATA has absolutely no jurisdiction over the HOS at all. Your compliance person is either an utter moron or lying to you. The only thing that has changed about the restart provision is the 168 hour between restart rule, and the 2 periods of 1-5 AM rule.
     
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  8. SheepDog

    SheepDog Road Train Member

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    Sand Lake, MI
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    I have never heard something so completely WRONG. IF I was you driver,,,I would stop driving for them right now and get this straight. I really don't believe, tell me if I am wrong here guys/gals, they can tell you whether or not you can use the 34. The over 70 thing is BS if you did not violate it, by taking the 34, just because they don't recognize it. Utter stupidity, just crazy.. I would never driver for company, knowingly, that thought the ATA was in charge...lmbo
     
  9. Buttercupflyer

    Buttercupflyer Bobtail Member

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    Jul 24, 2013
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    Each way to remember the 34-hour reset rule: you MUST have 168 hours of time pass from the BEGINNING of the time you began the restart to the beginning of your new restart. Or easier yet....when the reset end...you can't do another reset till 134 hours pass. Just remember a reset must include two consecutive 1-5am periods to count.
     
  10. speedracer 1963

    speedracer 1963 Medium Load Member

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    illinois
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    lol in other words You better hope your delivery or pick-up is very close to home
     
  11. Cetane+

    Cetane+ Road Train Member

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    Albany, NY
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    I have one little app to maybe help you here. Download the Big Road app. Just use it for a week, as just to see what it says. I do not mean to use it as a replacement, or it is the best thing, just to see what it says. It is programed to not let you violate your HOS. It wold be interesting to see what it says you can do as far as available hours.
     
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