Forced to break 34 hr rule

Discussion in 'Trucking Industry Regulations' started by dougs5300, Jan 10, 2015.

  1. dougs5300

    dougs5300 Bobtail Member

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    Jun 19, 2011
    Toledo, Ohio
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    I have a friend that is being told by his boss that he must break the 34 hr rule by at least 12 hrs and get back on the road or he will be fired. He is on the xata elec log so there is no wiggle room. If they do fire him would he have any recourse ? Any thoughts would be appreciated.
     
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  3. Cranky Yankee

    Cranky Yankee Cranky old ######

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    well he can recap his hours maybe the restart isnt even necessary
    if he is on elogs boss already knows if he has hours to run
     
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  4. walstib

    walstib Darkstar

    I'm am totally unfamiliar with the elec logs, I'll assume the company knows he has this type of log, if so, how do they tell him to handle that part?...I'd always say, I"d love to do that, how do I handle being 12hrs short of my reset, please text or QC me the answer. ;-)

    Seriously though, do the logs belong to the company truck, if so, how do they not know you don't have the hours and if so, what's their plan to fix them?...
     
  5. scottied67

    scottied67 Road Train Member

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    There is no 34 hr rule. It is a voluntary thing the driver and the boss can agree to use or not use.
     
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  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    There is no such thing as the 34 hour rule. Taking a 34 hour break allows you to reset your 70 hour work week to 0. If the load needs to roll and you've still got hours available on your 70, then the load needs to roll. The hours you worked 8 days ago fall off at midnight, so you'll pick them back up again. If the load is late because you are dragging your feet wanting a 34 hour break instead of recapping and getting the load there on time, I'd fire you too...and ya know what? There wouldn't be a darn thing you could do about it besides finding employment elsewhere. The boss would only be wrong to demand you keep driving if you truly were out of hours and wouldn't be picking up enough to make the delivery without restarting.
     
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  7. dougs5300

    dougs5300 Bobtail Member

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    Jun 19, 2011
    Toledo, Ohio
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    This is a company truck so they know exactly what his hours are. When he starts out in the am he will be out for 4 days and xata will show him in violation until he gets back for a real reset 34 hrs.
     
  8. Cranky Yankee

    Cranky Yankee Cranky old ######

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    something is missing here
    how can he be out of hours after 4 days
     
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  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    In other words, you and your friend have no clue how to recap. You are only in violation if you have driven in excess of the 70th hour on duty in the last 8 days. What you did or didn't do 8 days ago is irrelevant. This is why you are required to have today's log book page, and the 7 previous days pages. 8 days total. Those are the ONLY days that matter. What you did on that 7th previous day will be available to you again for tomorrow when you'll no longer be required to carry that day's page in the truck with you (current day + 7 previous days). You don't NEED a 34 hour break to keep working. We never had a 34 hour restart provision until a few years ago. Prior to that? We recapped.
     
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  10. Cranky Yankee

    Cranky Yankee Cranky old ######

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    todays elog drivers have no clue of HOS they drive when the lil box is green
    like somebody at a cash register there was a day once upon a time
    many moons ago that the register didnt tell you how much change was due customer :biggrin_25516:


    $20.00 - $2.29 = $17.71
    without a calculator
    amazing huh
     
  11. dougs5300

    dougs5300 Bobtail Member

    32
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    Jun 19, 2011
    Toledo, Ohio
    0
    Ok let me try again. He started his 34 hr reset this morning because he only had 2 hrs left of his 70. Now his boss says he must start Sunday morning when he will only have 22 hrs off. When he leaves Sun morn he will be in violation right away as he did not have 34 off. When he leaves Sun he will be on the road for 4 days. His next chance to get a 34 hr break will be Thursday so, he will be in violation Sun thru Thur.
     
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