8th day rule

cosborne001 · Jan 14, 2014

Hello I'm seeking clarification on gaining hours back on the 8th day. First let me say I understand the concept completely of how and when to use it. However my question is what is the legal limit of using it. Example: The company I work for as a (Lease Purchase Driver) continously assigns me loads well after I've reached my 70 hour mark for the week. Which means I'm often forced to wait until midnight to run on the hours I gain back. Obviously this can be a never ending cycle but more importantly is it legal? If so or not where can I find a specific rule in the Federal Motor Carrier Safety Handbook the covers this. Just want to know my legal rights before turning down loads in order to get my required 34 restart completed.

Thanks in advance

Reycer · Jan 14, 2014

Your company can assign you all the loads you want, but it is up to you to stay within those 70 hours. You can run off recap from now until blue yonder, but if you want a restart then 34 hours of line 1 or 2 is required to get one.

CondoCruiser · Jan 14, 2014

You can find the regulations here cosborne...
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section_type=A

The specific regulation here...
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.3

395.3 (b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after

(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

(c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.

(2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more onsecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.

(d) A driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.
Click to expand...

cosborne001 · Jan 14, 2014

Thanks for taking the time to respond. This really helps.

blairandgretchen · Jan 14, 2014

And we'll even let you off on the LP bashing

. . . for being polite.

FwL · Jan 14, 2014

cosborne001 said: ↑

Just want to know my legal rights before turning down loads in order to get my required 34 restart completed.

Thanks in advance
Click to expand...

34 reset is not required. It's an option.

You have no legal rights in regard to turning down loads due to wanting a reset.

Allow Me. · Jan 14, 2014

Yeah, as long as you pick up hours at midnight, you've got running hours. Now, granted, you don't always pick up 11, it might be 5 or 8 or whatever. If you run a recap, you can see how many you pick up tomorrow, the next day etc. 34 hr re-set is not mandatory.

x#1 · Jan 14, 2014

catch 22.you must be in compliance already or the company safety people would be on it but then never getting caught up on your rest is fatiguing. was that redundant? I will assume,for several reasons,that your truck is equipped w/all the latest tattle-tale electronics so how could you not run legal and/or resetting/aquiring hours at the right time? running legal and running tired are two different animals however. I am reading that you are truly staying tired.

the regs/laws can be broken down,picked apart,posted/reposted,quoted,and all that until your eyes bleed from reading them.obvioulsy you are cognizant of them already and applying them accordingly.

keep on trucking/doing things as you are until you hit the point where that 34 isn't quite enough.reads as if you are staying TOO busy. how far off topic did i get?

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