I've done some searching but haven't found anything that applies to my question as yet. I might have to call FMCSA and ODOT (Oregon Department of Transportation) to get the straight scoop.

I'll be running my dump truck for a company shortly in Oregon building forest service road. It will all be 100% off-road. This contractor said the hours will be in excess of allowed HOS. 12 hour days, 6 days a week and an occasional half day on Sunday. The job will last 2-3 months. Will I be in violation of HOS if I work these kinds of hours even though it's all off-road work?

It may seem obvious if you're running 100% off-road that HOS doesn't apply but it may very well apply. If I'm ever audited and show those kinds of hours I could be in hot water. Some might say I don't have to run a log at all but, that being the case, I'd want to hear that directly from the horse's mouth (FMCSA and/or ODOT) and get it in writing and have the rule on paper that states a such.

My thought is the reason for HOS to begin with is to protect the public from drivers who haven't had the rest they need (understandable). Being off-road, though, there is no public to put at risk with the exception of the other drivers I'd be driving against. Of course, if there's a rule I have to keep a log this logic is pretty much meaningless.

I will keep a log and there may be something I can enter each day on the log showing my time as off-road and covering my butt.

Any feedback about this is appreciated.

Thanks!

Rod

Activity for compensation, or work, must be logged as on duty not driving, if you exceed 70 hours in 8 days of work, you can't legally drive OTR without a 34 hour reset. Local work is not considered driving in this instance, but it is work. Therefore, you can drive doing that in excess of the 70 hours in 8 days.

Wouldn't hurt to ask the authorities about it.

The rules you are referring are considered Intrastate, not interstate. I don't know what it is for ODOT. In Texas it is a little bit different because of the size of this state. I included the link to FMCSR 391.1 for HOS. You will need to look up ODOT and see if there is anything different to that state . I could sit here and explain this to you but it would be easier to look at the link I provided. Hope this
helps you......
[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.
[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

__________________

Shoot OleBlueUSA an email from their website. He'll probably be able to get a better answer from some of his DOT contacts.

__________________

if you ain't driving on a public highway its on duty not driving

__________________
KILL the caribou
FEED the hungry
DRILL the oil

What is the distance from your home base to the work site?

Anything under 100 miles is exempt from HOS rules

But I believe you have to be relieved from work 15 hours after you start the day.

__________________
I'm a man..........And I can change..........If I have to..........I guess.

Thanks to one and all for the comebacks.

I'll have to travel from my home to the job and live on or near the job as its a distance from my home. I'll be living in my 5th. wheel. In other words the place I'll get my 'rest' will be my travel trailer. That will be my home base for the duration of the job. I kind of thought off-road HOS was different from OTR regs but just wasn't sure. I'll be calling ODOT and maybe FMCSA to get the straight scoop on that.

Thanks again...

Grab the FMCSR and talk to ODOT.

if you are 100% intrastate, and return to your departure point at the end of the work day, HOS rules need not apply. If you don't have to log, you can work long hours.

The only time you'd have to worry is if you 1) leave the state while working (driving, on duty) and exceed 100 air miles distance or 2) spend more than one 'work period' away from your departure point.

Of course, if you have to comply with HOS rules for a trip, ALL driving and duty on the day you start the trip, and the day you end the trip have to be accounted for in the log.

Whether you are on or off road does not matter a whit. Nothing at all in the FMCSR says you have to be on-road (at least, not that I can find). "driving" is 'any time spent at the controls of a CMV'. Period. You could be sitting in a loaded Pete tied to the top of a tree - and if you are at the controls, you would be considered driving.

Always remember, FMCSR is a set of minimum standards. ODOT is free to make them more stringent if they choose (though most states don't)

__________________
----------------------------------------------------
Keep the big doors at the back!

folks he said he was working 100% off road so why confuse the issue, if he ain't gonna be on the road he is working the same as an equipment operator at a construction site, or a guy working the fields on a farm.

he can work 24 hours a day if he wants too and show it as on duty not driving and be completely legal right up to the second that the commercial vehicles tires hit the asphalt only then do the HOS apply.

__________________
KILL the caribou
FEED the hungry
DRILL the oil

GJ - I disagree. It is NOT the same as heavy equipment operator or farm machinery operator. Neither of those sets of equipment ever fall under the FMCSR.

As stated before, FMCSR applies to the vehicle/driver and WHEN it is being driven. I can't find anywhere in the FMCSR where it says "these rules only apply while on the highway"

However, since he falls under rules of the FMCSR that allow for HOS exceptions, he CAN operate all day if he wants to, without logging. Until he DOES make a trip that requires a log - see my post above.

__________________
----------------------------------------------------
Keep the big doors at the back!