Confused about hos for "locals".

Discussion in 'Questions From New Drivers' started by Mehsurewhynot, Sep 2, 2021.

  1. Moose1958

    Moose1958 Road Train Member

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    I think it's deeper than this! I think the OP wants to be paid for that time! As you said! Good luck on that.
     
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  3. Hazmat Cat

    Hazmat Cat Medium Load Member

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    I clock in, then log in on-duty, then usually get some coffee and look for snacks
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    The second that you are clocked in to prepare for work or actual working, you are on the 14 hour clock.

    You can drive up to what your state allows within the 14 hours but once you go beyond 14, you can’t drive until you have 10 hours off. You can work 24 hours straight as long as you don’t drive.

    if you arrive and have no truck to drive or trailer to haul, and told to wait and being paid, you are burning the 14.
     
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  5. streetglider

    streetglider Medium Load Member

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    So i guess the OP figures if he stops on the way home from work and had a beer is off duty sleeper berth time? Lol. Sounds more like a griping employee that is trying to scam his employer
     
  6. ZVar

    ZVar Road Train Member

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    Nope. Pay has nothing to do with HOS and being on duty.

    Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a Commercial Motor Vehicle (CMV) from the last stop to home and not show that time on the time cards? Guidance: The Federal Motor Carrier Safety Regulations (FMCSRs) do not address questions of pay.

    Question 10: How does compensation relate to on-duty time?

    Guidance: The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
     
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  7. Moose1958

    Moose1958 Road Train Member

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    When it comes to the HOS rules as they relate to "local" drivers I have a tendency to stay out of those discussions! I will say this though. You are 100% correct about that clock starting! I was speaking to a guy I know that operates a local business that uses non-CDL CMVs. He told me several years ago he had an FMCSA safety audit and the auditors went over those time cards! Found several HOS violations, fined him, and warned him to fix those violations. The FMCSA generally doesn't get much into the compensation aspect of the HOS rules. Most of the time this is handled through a union CBA and company policy.

    As stated, I think there is a good chance the OP is trying to scam his employer using a technicality, not in part 395!
     
  8. ZVar

    ZVar Road Train Member

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    And again you are wrong. Pay has nothing to do with being on duty or not. A bad auditor (or Leo) does not a regulation make. I've already posted the guidance on this.
     
  9. Moose1958

    Moose1958 Road Train Member

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    It must be nice living in that world of ignorance you seem to want to live in! Not only that but your comprehension skills are badly lacking! I said clearly the FMCSA stays out of the pay issue. I was speaking of the 14-hour clock starting when you punch in! When a local driver clocks in they are on duty! This is how they document their HOS! The pay thing is between them and their employer as I said! A local driver punching a clock is doing the same thing an OTR driver does when they go from off duty/sleeper to on duty! Give it a rest zvar you are not going to win this argument!
     
  10. ZVar

    ZVar Road Train Member

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    Ok, punching in means timeclock every place I've ever heard of. Starting the time clock is what starts pay. FMCSA doesn't care about pay, thus punching in has nothing to do with FMCSA.

    So again, punching in has nothing to do with HOS. Period.
    Sorry you don't know what punching in means.
     
  11. Wasted Thyme

    Wasted Thyme Road Train Member

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    What happens when you punch in? You start working. What happens when you start working? Your 14 hour clock starts running. SMH common sense.
     
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