11 hour rule violation (Property)

Well since the am job I would be working from about 4:30am to 10:30am then go to the pm job at 3:00pm and be off by 9:00pm sleep time would not be a problem it's just the consecutive hours off I would not be getting plus the 8 days in a row would go out the window. And I should have said air miles. Since there was a good size break between jobs I thought maybe it could work but now I know it won't. Thanks for help.

 

I call them to them I can't take the position due to DOT regulations and he tells me it's not for a driving postion, it's for dock. I guess he had me confused with another applicant. So sorry I waisted you guys time.

 

I could be wrong, or it could be a California thing, but; doesn't the 100 air mile radius rule also have something to say about the Interstate/Intrastate difference, and also the part about not having to use a log book? I was doing a company a favor, delivering a load 40 miles from terminal, and was told by carrier I didn't need to log it since I was working "local". Crossed the scale, red light, got a ticket for HOD violation.

The scale CHP officer explained to me that since the load came from out of state, even though I picked it up in CA and delivery was in CA, this did not qualify for "local". Also if you cross a state line, even inside the 100 mile radius, you get into the Interstate regs (back to 70 hrs out of the 80 hour rule). Am I right or still confused?

And I know my wife just says I am still confused>

 

The 100-air mile rule is for interstate, as opposed to intrastate operation. If the carrier is an interstate carrier then the federal rule is applicable. If the carrier does not leave an individual state then the state rules are applicable unless the load is hazardous materials. But you should also be aware that most states have accepted the federal rules for their intrastate operations.

In addition, if you were not operating out of your home terminal you could not use the 100-air mile radius rule because you must begin and end your day at your home terminal (from where you are dispatched). That makes it very difficult if you were in Phoenix and were normally dispatched from Detroit.

The cop was correct Re. from where the goods came as this would be an extension of interstate commerce and this caused the violation. I once cited a carrier in Michigan for doing the exact same thing. When the amount came back from Washington, DC, it was over $70,000.00. You're lucky it was only a state penalty.

And you posted the rule in your above post as offered by Dieselbear. Where is there anything in that rule stating anything about any differences?

There is no such thing as an 80-hour rule in the United States unless you are an intrastate carrier and driver and that state allows it. Even Canada doesn't have an 80-hour rule. Canada has a 60-hour rule, a 70-hour rule, and a 120-hour 14-day rule but no 80-hour rule.

 

TITLE 49
TRANSPORTATION CHAPTER III
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 395
HOURS OF SERVICE OF DRIVERS
Table of Contents
Sec. 395.3
Maximum driving time for property-carrying vehicles.

Subject to the exceptions and exemptions in Sec. 395.1: (a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle: (1) More than 11 cumulative hours following 10 consecutive hours off-duty; (2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property- carrying driver complies with the provisions of Sec. 395.1(o) or Sec. 395.1(e)(2). (b) No motor carrier shall permit or require a driver of a property- carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after-- (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or (2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

 

Just checked with safety and log department of my company, as long as the vehicle remains in CA, driver qualifies for 80 hour week. California thing, but I don't do 80 hours anyway, I like my time with my family. Maybe that is why we out here in CA see so many multi-vehicle accidents involving big rigs,fog and dust storms in the central valley. These guys are working to many hours.

Hey guys....go home and get a life, quit letting the companies run your lives in the ground.

 

OK. I understand on the CA 80-hours.

But if you're using the 395.1(e) rule you can't do that because you can't mix the CA/intrastate rule with a federal/interstate rule. And if you are using the CA 80-hour rule you can't mix and use it with the 395.1(e) rule. You must either use the federal/interstate rule, or you must use the CA/intrastate rule and log it.

The only way you could do it legally is if Ca has another rule that allows you not to log while using the 80-hour rule because if you used the federal 395.1(e) rule it would restrict you to the 60/70 hour rule at 395.3(a)(2) with no exceptions. In that regard the CA rule would require an intrastate rule that would be similar to the federal 395.1(e) rule but would allow you an 80-hour work week unless you were transporting hazardous materials. If you were transporting hazardous materials the U.S.D.O.T. has preempted (disallowed) the state governments from using any state rules and require drivers and carriers to comply with the federal rules. This preemption may be found in Title 49 of the United States Code.

 

The carrier I drive for has a DRSEA of 80.3, mainly because there are a few of their drivers who are, shall we say, less than intelligent? I can look and see the same drivers getting hammered all the time. Our safety guy was sending out messages over the satellite every day to remind everyone to keep their log up to date and to keep the last seven days (where most of the violations were coming from). It's helped... the DRSEA is going down.

I knew before I hired in that their Safestat score was high (bad), but I needed the job. I just make sure all my ducks are in a row and keep a spotless truck. I keep a binder with the last six months worth of logs printed, and if the DOT man wanted, I have all my logs since March of 2008 on my computer.

When I get pulled around back, everything is in one binder; logs, permit book, registrations, etc. I just hand them the book... no need to dig around on the floor through a mountain of piss bottles and trash. Every good inspection I get, with no violations, helps to lower the score even more.

Eventually, maybe they'll clear the deadwood out... until then, I expect to be under the microscope.

 

You sound like you have your stuff togher and I appreciate that out of you as a truck driver
I wish you was one of my drivers toug

 

Auditors always come up with new ways to catch log book falsification . Many drivers falsely believe if the show an average speed for the day of 65 m.p.h. they are o.k. . Not true . Auditors may not accept the daily average and check driving times between locations changes in duty status using Promiles software . Many are caught this way and can be charged for speeding or logbook falsification . This happened to U.S. Express when audited in December of 2006 . The $7500 fine was ridiclously low but the humiliation of Pat Quinn was priceless .