No 34 hour reset ever needed ?

Discussion in 'Trucking Industry Regulations' started by Desperado, May 3, 2008.

  1. LogsRus

    LogsRus Log it Legal

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    You are wrong (nicely stating that)! It does not say you can't be under a load. It states you can not be working. Many drivers pick up a load take it home for a day or longer and then deliver, so the driver wasn't working.
    But it states you can get a 34 hour restart by lines 1 & 2 equaling 34 hours (My words there). My internet is messing up (hope you all get this) or I would post the reg with it as well.

    Sorry but you can! Now if you was under a haz-mat load or high risk where you are always responsible and have special duties that could be a different story. While under a haz-mat load you are never relieved until it's delivered. At least that's how I read the regs on Haz-mat anyhow:biggrin_25524:
     
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  3. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    Stop taking your log lessons from the CB. Some one seriously told you wrong.

    A friend of mine that has been driving longer than I was misinformed about the 10 off at night too. He thought the whole thing had to be logged as line two to be valid. Not at all. Any combo of line 1 and 2 is fine for the 10 hr break between your 14 hr duty status.
     
  4. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    If that really was the case then ALL hazmat would go on a team only truck. Solo hauls haz all the time and take their 10 off at night etc. I've done a 34 with a haz load sitting in my driveway.
     
  5. LogsRus

    LogsRus Log it Legal

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    Indianapolis, Indiana
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    YEAP! Brickman is right!

    That 10 hour break is
    1) 10 hours off duty
    2) 10 hours in the sleeper
    3) 10 hours with a combination of lines 1 & 2. Does not need to be 8 hours in the sleeper if you are taking a 10 hour consecutive break.

    Now to SPLIT break that is where the 8 & 2 rule applies

    8 hours in the SLEEPER will extend the 14 hour rule (only the 14 hour)
    2 Hours can be 2 hours off duty, 2 hours in the sleeper or 2 hours with a combination of lines 1 & 2. As long as it's 2 hours consecutive!

    Many are mislead because of the changes in 2005 they wasn't listening to what the change was discussing. They just heard 8 hours had to be in the sleeper and the other 2 it doesn't matter so everyone spreaded around you must have 8 hours in the sleeper on your 10 hour break. NOT TRUE!!!!!!!

    That's why many are mislead :)
     
  6. LogsRus

    LogsRus Log it Legal

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    Ok I may stand corrected here. I guess its the below would not allow you to log it as off duty time. I guess all haz-mat probably would not qualify as such. But if you have the below type of haz-mat ( I am no haz-mat pro either) then you would have to log this as on-duty not driving when you are under such load. So if you don't have any of the types below of haz-mat you can log it as off duty with the companies permission (which most should do, however you might check to make sure they give you permission by the company.

    So I told you I could be proven wrong every NOW & then :biggrin_2557:

    Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time.
    Is the driver allowed to record his stops during a tour of duty as off-duty time when the CMV is laden with HM and the CMV is parked in a truck stop parking lot?

    Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives).[/COLOR] In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with §397.5 of the FMCSRs.

    395.7 link is below
    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?section=397.5
     
  7. TLeaHeart

    TLeaHeart Road Train Member

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    I asked, because my safety department says, that we can not have a 34 hour reset,while we are under any load, and when I asked compliance, they said what ever safety says. That is why I asked here, and NOT the CB. The company is Stevens transport. I logged my 38 hours off duty and sleeper, and took my reset, and now I will see if compliance complains, in about 2 weeks. Safety has not complained yet.
     
  8. LogsRus

    LogsRus Log it Legal

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    You are fine! I think! As long as you wasn't under one of the exceptions that I posted Brickman. I appoligize for any confussion I may have caused.
     
  9. Lone Ranger

    Lone Ranger Light Load Member

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    Dallas, Texas
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    I think you will be OK too. If you could legitimately walk away from the load since it was parked in a place that the company allows you to do so (i.e. a truck stop) and you have no responsibility to monitor or "baby sit" the load, you are OK to log all of it off duty.

    But....

    If it is a reefer load and you have to monitor the temperature, you cannot take the reset. The minute you go out and check the reefer and/or temperature of the load, you are "on duty/not driving." Hazmat loads go with out saying.

    If it is a company policy that you can't reset your logs while under dispatch, then that is another subject.
     
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