11 hour rule violation (Property)

Yes, but you know me....once a pessimist.................like when that attorney was on here attempting to get information for his lawsuit, remember that?

 

True.

But if you give them an inch, they will go a mile.

 

Since I don't need to fill out a log book from either carrier, will not be driving outside the 100 mile radius, how would I get caught? Who would know?

 

smoky,

my guess is his receipts did not match his log. Toll receipts, fuel, old bill of lading that are time stamped.

 

You are the man! I tried to explain this to a guy today and he just couldn't "get it". I will use this explanation in the future as it is crystal clear

 

You hours have to kept by some means. Here is 395.1 the short haul provisiona;

(e) Short-haul operations
(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.



Pay particular attention to (e)(1)(v), this seems to get the best of them. Good luck.

 

I would be working 7 days a week since the am job I'm off Wednesdays and Thursdays and the pm job I would be off weekends. Not worth the risk of losing the am job which has good insurance and other benefits. The manager on the pm job said it wouldn't conflict with any DOT regulations. Sounds like he don't care, he just wants someone to drive for him part time with no benefits and at $15.29 an hour. Thanks for your help, I'll tell them it's not worth it.

 

Everyone would know! You must still keep a time record pursuant to 395.1(e). And your available working time is reduced at both carriers as the rule only allows you 12-hours from the time you start, to the time you return and punch out on the time clock. And the 395.1(e) rule does not allow you to violate the 60/70 hour rule at 395.3, but rather, it only exempts you from the requirements for keeping an RDS under 395.8, and in addition, you lose 2-hours of working time pursuant to 395.1(e)(1)(iii)(A). How do you plan on doing that when both carriers must have copies of your time record pursuant to the applicable rules?

And I would suggest you read the rule again because it's not a 100-mile radius, it's a 100-air mile radius......big difference.

OOPS.......Sorry, Bear, I didn't see your post.

And what happens when you fall asleep, God forbid, and kill someone? How many people will know then when you're charged with at the least manslaughter?

 

My only living son did his MBA in 1 1/2 years at Michigan State University and works for Cummins Diesel in Columbus, IN. My youngest daughter is presently attending Michigan State University for her MBA.

I'm just a dumb old ex-Navy airplane driver with about 4,000 hours in an A-4 Skyhawk, 2,000 hours in an A-7 Corsair II, and about 6,000 hours in my twin engine Piper Aztec before I sold it. My B/A major, were in History and Pre-Med from the University of Iowa and my minor was Psycology that I did in 5-years.