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| What do your drivers do? This will help to look up in the code. There is a new 150 mile also. But basically, the laws have not changed. Last edited by Roadmedic; 02.12.2009 at 01.14 PM.. |
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prisonerofthehwy (02.12.2009) | ||
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| Probably a case of the safety department just covering their rear areas. |
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prisonerofthehwy (02.12.2009) | ||
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| 100 air mile radius is not 14-hours, it's 12. From a retired federal DOT official Sec. 395.1 Scope of rules in this part. (e) Short-haul operations--(1) 100 air-mile radius driver. A driver is exempt from the requirements of Sec. 395.8 if: (i) The driver operates within a 100 air-mile radius of the normal work reporting location; (ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours; (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty; (B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty; (iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off- duty; or (B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (A) The time the driver reports for duty each day; (B) The total number of hours the driver is on duty each day; (C) The time the driver is released from duty each day; and (D) The total time for the preceding 7 days in accordance with Sec. 395.8(j)(2) for drivers used for the first time or intermittently. (2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of Sec. 395.3 and Sec. 395.8 and ineligible to use the provisions of Sec. 395.1(e)(1), (g) and (o) if: |
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Dave27107 (02.12.2009), prisonerofthehwy (02.12.2009) | ||
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| Here is what DOT says on the 100 air mile radius. I hope this helps. (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if: (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location; (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours; (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty; (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty; (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (e)(1)(v)(A) The time the driver reports for duty each day; (e)(1)(v)(B) The total number of hours the driver is on duty each day; (e)(1)(v)(C) The time the driver is released from duty each day; and (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently Question 20: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days? Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption. Question 12: What constitutes the 100-air-mile radius exemption? Guidance: The term “air mile” is internationally defined as a “nautical mile” which is equivalent to 6,076 feet or 1,852 meters. Thus, the 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers. Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession? Guidance: None. Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business? Guidance: No. However, upon request by an authorized representative of the FHWA or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place. Question 15: May an operation that changes its normal work-reporting location on an intermittent basis utilize the 100-air-mile radius exemption? Guidance: Yes. However, when the motor carrier changes the normal reporting location to a new reporting location, that trip (from the old location to the new location) must be recorded on the record of duty status because the driver has not returned to his/her normal work reporting location. Question 16: May a driver use a record of duty status form as a time record to meet the requirement contained in the 100-air-mile radius exemption? Guidance: Yes, provided the form contains the mandatory information. Question 17: Is the “mandatory information” referred to in the previous guidance that required of a normal RODS under section 395(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)? Guidance: The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently. Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty. Question 18: Must the driver’s name and each date worked appear on the time record prepared to comply with §395.1(e), 100-air-mile radius driver? Guidance: Yes. The driver’s name or other identification and date worked must be shown on the time record. Question 19: May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)? Guidance: Yes. Drivers who work split shifts may take advan-tageofthe100-air-mileradiusexemption if:1. The drivers operate within a 100-air-mile radius of their normal work-reporting locations; 2. The drivers return to their work-reporting locations and are released from work at the end of each shift and each shift is less than 12 consecutive hours; 3. The drivers are off-duty for more than 8 consecutive hours before reporting for their first shift of the day and spend less than 12 hours, in the aggregate, on-duty each day; 4. The drivers do not exceed a total of 10 hours driving time and are afforded 8 or more consecutive hours off-duty prior to their first shift of the day; and 5. The employing motor carriers maintain and retain the time records required by 395.1(e)(5) . Question 20: May a driver who is taking advantage of the 100-air-mile radius exemption in §395.1(e) be intermittently off-duty during the period away from the work-reporting location? Guidance: Yes, a driver may be intermittently off-duty during the period away from the work-reporting location provided the driver meets all requirements for being off-duty. If the driver’s period away from the work-reporting location includes periods of off-duty time, the time record must show both total on-duty time and total off-duty time during his/her tour of duty. In any event, the driver must return to the work-reporting location and be released from work within 12 consecutive hours. Question 21: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days? Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption. Question 22: A driver returns to his/her normal work reporting location from a location beyond the 100-air-mile radius and goes off duty for 7 hours. May the driver return to duty after being off-duty for 7 hours and utilize the 100-air-mile radius exemption? Guidance: No. The 7-hour off-duty period has not met the requirement of 8 consecutive hours separating each 12-hour on-duty period. The driver must first accumulate 8 consecutive hours off-duty before operating under the 100 air-mile radius exemption. Question 23: Is the exemption contained in §395.1(f) concerning department store deliveries during the period from December 10 to December 25 limited to only drivers employed by department stores? Guidance: No. The exemption applies to all drivers engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer, when driving solely within a 100-air-mile radius of the driver’s work-reporting location, during the dates specified. Last edited by Cybergal; 02.12.2009 at 03.18 PM.. |
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prisonerofthehwy (02.12.2009) | ||
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prisonerofthehwy (02.12.2009) | ||
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| Is 11 hours really not enough work day for anyone?
__________________ You can always tell a trucker, but you can't tell him MUCH! Guide to Instant O/O and Loadboards thread: Financial settlements: 50, 68, (80), 82, 123, 166 (cumulative), 166 all repairs/maintenance, 181, 205 Pics: 3, 9, 10, 16, 24, 29, 32, 41, 61, 63, 78, 84, 94, 96, 119, 210, 326 Vids: 47, 48, 63, 74, 77, 80, 82, 96, 172, 211 JasontheRock cost investment summary: 87 |
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