Hi All, I'm new to the site and would like to ask a question about split shifts. I am hauling packages that are going to other states so I am classified an interstate driver. I start my day at 5:30 AM then back at 10:00 AM. I'm off duty. I start again at 3:00 PM hauling the same product and off at various times depending on how soon I can get unloaded. Most of the time I am off by 11:00 PM. I believe I am over the hours of service rule. I was told that in California we have a one day 16 hour rule, but my off time from 10:00 AM to 3:00PM does not count. That would mean my hours of service is now 17 1/2 hours. Any help would be appreciated.
Hours of service in California
Discussion in 'Trucking Industry Regulations' started by Littlefrank, Oct 26, 2014.
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Dude, you must be a zombie. When do you actually sleep and for how long? 100% illegal.
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I do this run on Monday only. I live 9 miles from the yard. I come home have breakfast, take a couple hour nap.
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If your stopped, your company wont stick up for you........
Littlefrank and 281ric Thank this. -
On log book 14 hours from start to finish, on time card 12 from start to finish, either way you are illegal as can be.
Littlefrank Thanks this. -
I'm not too hip on it but 16 hour rule does not apply to interstate drivers? I thought the 16 hour thing was only for 100 mile radius drivers. Someone will be along shortly to set it straight. I remember when Swift went live with Elogs across the board, there was a button on the logs called 16 Hour Exemption, lol we used to use it every chance we got. Sometime after it was quietly removed.
In the interstate world, it is 14 hour limit so starting at 0530 your clocks end at 1930. However at 1000 you could go to the sleeper for 8 solid hours and extend that 1930 out to 0330.
I recommend visiting logbook website and downloading the eclipse software. You can plug in your times on the logs and it will show a red line where violations start this way you will know when you cannot go further.Littlefrank and Rocks Thank this. -
By the way, the final destination of the freight has no bearing on your classification of intrastate vs interstate, it depends if YOU cross state lines.
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I am within the 100 mile radius with this company. We only do logbooks if we go over the hours of service. I have been doing a logbook on Mondays. I did speak to a Commercial CHP officer who has recently retired in 2010. He did show me in the regulations about interstate and intrastate. If my cargo is labeled to be shipped out of state, I am classified as an interstate driver. It does not matter if I cross state lines or not. It's the product. I've only done this run one time so we are both looking into it. I do appreciate all the quick notes you all have posted. I am also a retired Peace Office, so I am definitely going to do the right thing. Thanks again.
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Drivers using the 100 mile air radius rule don't have to keep a log book as long as they work less than 12 hours a day and stay within 100 air miles of their reporting location.
Rocks and Littlefrank Thank this. -
Interstate commerce means trade, traffic, or transportation in the United States
(1) Between a place in a State and a place outside of such State (including a place outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.
To answer the OP question, yes you can split your shift but not for as long as you do, you are allowed one 16 hour day if your vehicle requires a CDL, 2 16 hour days if your vehicle doesn't require a CDL, interstate or intrastate does not matter so long as you leave from and return to the same place that day and the five previous days. See Part 395.1 sub section O, as copied below:
(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 395.3(a)(2) if:
(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by § 395.3(c).
I hope this helps clear up any confusion on this subject.TLeaHeart, Littlefrank and Rocks Thank this.
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