11 hour rule violation (Property)

psanderson... Question.....

A driver begins day 1 with 70 hours available. He is on line 3 or 4, 14 hours a day (11 on, 10 off, 3 on... remainder carrys over to the next day at midnight). On day 5 he hits his 70 hour limit. He takes a 34 hour reset and starts fresh with 70 hours available at the beginning of day 7. He works 10 hours, and takes his 11 hour break. At the beginning of day 8, he has worked 80 hours in 8 days.

Is this not legal?

edited-----------

OK- I found this...


Seems the FMCSA defines "60/70/80 hours" as a category in the MCMIS Catalog under section 395 violations :

http://mcmiscatalog.fmcsa.dot.gov/beta/Catalogs&Documentation/documentation/csp/ins_CD.asp


Perhaps it should be called the 60/70/80 hour rule from now on.

 

I didn't add your hours but I will assume them to be correct. But once the driver took the 34-hour restart said driver had 70 again. The 34-hour restart does just that. It restarts the clock each and every time.

 

Mr. Anderson;
And you had to explain this tough one for what reason? Wonder why so many get HOS violations, especially with the 34 restart, yet many still complain of the rules change.

I guess they don't realize the actual gain drivers got with the restart option. Yet so many still whine about having to take 10 off instead of 8. Maybe these guys and gals can figure out how to do some preventative cleaning (windows, mirrors, lights) during the time they are sitting throwing their coins in the parlor games at the truck stops.

 

Or maybe take a shower and clean out the inside of the truck on their 10 hr break. Sorry I know most of you do shower but gosh when you walk behind a driver and you can smell him 1 hour later in the office, that's bad. I don't think it's lack of having the access to a shower either.

 

Depends on were they stop for their ten hour break. If the truck stops are full and they have to park at the pickle park then no shower.

Once they get up and start working, most drivers are not wanting to disrupt their 11/14 hour clock to go someplace to take a shower. No if they could log off duty and stop the clock to take a shower then many would do that. Instead they resort to a quick cat bath in a sink at a rest stop.


They need to allow drivers to take an off duty break during the day without haveing to get into split berthing etc.

 

Reading this post there seems to be some inaccurate information, I appreciate the knowledge of some of the posters who provide the information; however, I have some issues with some of the post:

fourknuckle:

Even if only one job was a driving job you couldn't work both jobs. The 14 hour rule would prevent you from driving after the 14th consecutive hour of coming on-duty, i.e. 4:30 AM - 6:30 PM no more driving or 3:00 PM - 5:00 AM no driving without a 10 hour break. You would have to have 10 hours off-duty to work both jobs.

otherhalftw

Interstate commerce is set by the freight, not the vehicle. Local P/D drivers that pick up freight destined for outside the state and deliver freight from outside the state from a local terminal is in interstate commerce.

The officer was incorrect, the 100 air mile exception from the log is an interstate regulation; therefore, provided, you have a time record with your start time, end time, total hours on-duty, was released within 12 consecutive hours, and had 10 hours off-duty the timecard is acceptable and no log is required.

The interstate rules apply to the seven days before and after an interstate move, IOW, you could not have more than 70 hours on-duty in eight days provided the carrier operates 7 days a week, other wise it would be 60 hours in seven days.

psanderson

I disagree, there are many carriers involved in interstate commerce that never leave their home state. One example is carriers that deliver air freight from airports. The carriers may be excepted from an MC number as they are operating within the commercial zone as defined by Part 372; however, they are required to have a US DOT number and operate in-accordance-with the FMCSR.

I disagree; the interpretations for Part 395.1 stipulate the home terminal could be mobile. Companies such as construction companies and carnivals can make their home terminal wherever the trucks are parked for the job:

The driver's home terminal is where the driver starts their day, not from where they are dispatched. If the driver starts every day from their home, then their home is the 100 air-mile radius. There is no one size fits all, the FMCSR is based on the unique operation of each motor carrier.

While the officer may have been correct the run was interstate, the officer was incorrect regarding the 100 mile rule not applying. If otherhalftw works a dock and was asked to deliver the load the 100 air-mile exception from the log book would apply.

There is no 80 hour rule in the Continental US, Alaska has an 80 hour rule in the FMCSR.

otherhalftw

If the freight came from outside of California or is destined for outside California the FMCSR apply. If the company has interstate freight and allow drivers to log the 80 hours for California they are in violation of the FMCSR. Intrastate rule only apply to intrastate freight, i.e. picked up from ABC Widgets in LA, CA going to Sam's Appliances in Sacramento, CA. Any freight moved in interstate commerce is subject to the FMCSR.

About 1965 I rode with my uncle from Sacramento, CA - Susanville, CA. We always went through Reno to get there; the move was interstate commerce as the route crossed state lines.

psanderson

You may use intrastate rules for intrastate commerce. See the definition of interstate commerce posted above.

The hazardous materials regulations apply to the packaging, labels, shipping papers, HM training, HM security plans, etc. Not the HOS. An intrastate HM move may be moved under an intrastate commerce HOS; however, the CDL, D & A testing, and HM would be governed by 49 CFR.

If the FMCSR HOS doesn't apply the carrier is not expected to follow them.

Be safe.