Need dot consultant? Dot advice

Discussion in 'Trucking Industry Regulations' started by iamdot, Apr 29, 2009.

  1. twowolves

    twowolves Light Load Member

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    Jul 8, 2010
    Ohio
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    if I am running local but live by a state line and running across it daily but still withing 100 mi of my terminal/home is that interstate or intrastate-in otherwords which rules apply??
     
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  3. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    May 28, 2009
    The Who's Your State
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    If it involves anything with more than 1 state it is interstate.
     
  4. dieselbear

    dieselbear Road Train Member

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    You need to check with your home State, I'm guessing Indiana even if you running intrastate (within the State). I'm sure they are like most other State's, where their State law mirrors or is very close to the federal guidelines. If your crossing State lines it is interstate. With the 100 mile short haul exemption, it doesn't matter that you cross a State line, just that you comply with the 5 requirements of that exemption. Here's the short haul exemption:

    395.1(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.


    I would call your home State's Motor Carrier Office and ask them to get exact answers to your question.
     
  5. Randall

    Randall Light Load Member

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    Apr 11, 2009
    Grafton Wv
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    This is law?? I"ll never waste another 15 min. again. I have always been told to show 15 min for load/unload + pretrip/post throwed in there. Guess I stand corrected, thanks for the info. Guess the 15min. looks good though.
     
  6. Rocks

    Rocks Road Train Member

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    Jan 13, 2008
    Somewhere
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    A co-worker friend of mine got his CSA score from our company's safety guy. DOT listed all his violations, codes, Time weight, severity of violation, and violation value. The time weight was multiplied by the severity weight for each violation and the results were added together and the total was his score. I think the calculation is wrong, cause they did not calculated the total adjusted number of inspections.... and did not divide the age-adjusted severity weight by the total number of time-weighted inspections. Can you tell us how to calculate that? Or where can we go to get the info? I have the CSA 2010 handbook but the examples are not very clear. :scratch:
    I don't have my score yet but think will need to challenge the results because I bet DOT will count a couple of violations on my last roadside inspection but after fighting that one in court, I was not charged with anything. Can you refer me to a good attorney with enough knowledge about CSA? Thanks.
     
  7. aircav

    aircav Bobtail Member

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    Jul 30, 2010
    Indianapolis, IN
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    Just curious. Can a driver or drivers file a complaint with the Federal Mortor Carrier Administration against a police agency for harassement of commercial truck drivers.

    1: A Indiana state police officer openly admitted that they are (under orders from their commanders) going after truck drivers because they are "easy money".

    2: Indianapolis and Fort Wayne Indiana area's: State police patrols are refusing to pull over 4 wheelers who are cutting off drivers, making very unsafe lane changes which could cause a commercial driver to wreck, but if the driver hits the air horns, these same state police officers will pull them over for what Indiana calls "aggressive driving or dangerous driving"

    As a foot note: This is not about a ticket I received, as I have never been ticketed. Thank you in advance
     
  8. stlsoda

    stlsoda Bobtail Member

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    Jul 28, 2010
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    I do love DOT, I drive class "A" and we had told our supervisor for years that our trailer has expired tags, My boss thinks that they are perm. tags, and I get stopped by the city Commercial Vehicle Enforcement several times a year, and they never say anything about the trailer tags. Finally, a couple of years ago the company went to use my setup for a license test, State DOT wouldn't let him test because the trailer tags were so old, and our only question is why after the years of inspections, we have heard about this problem.
     
  9. stlsoda

    stlsoda Bobtail Member

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    Jul 28, 2010
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    How do you know which standard you fall under, we are local drivers which work less than 12 hours 99% of the time. The most we travel is maybe a 40 mile diameter. We have IFTA, but one route only crosses state lines to get Fuel, twice a year. The other route has to cross the stateline once a week. I only ask because we are local drivers, and do not keep logbooks, we use our timecards to count for our hours, and maybe 3 times in year do we go over 12 hours, normally we work around 9-10 hours and we have weekends off. Honestly we don't know how many hours we can work in a day, and if we are violating any laws. I have learned that broken down on the side of the road counts as hours.
     
  10. Mike_MD

    Mike_MD Medium Load Member

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    Feb 4, 2009
    O-Zone
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    Its interstate commerce:

    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=390.3&guidence=Y

    Be safe.
     
  11. Mike_MD

    Mike_MD Medium Load Member

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    Feb 4, 2009
    O-Zone
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    Where does the freight come from?

    If the freight is continuation of interstate commerce, i.e. UPS/FedEx are continuation of interstate commerce. UPS driver may never leave the city limits; however, the packages are coming from or going out of state the driver is in interstate commerce.

    Be safe.
     
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