HOS confusion

Discussion in 'Trucking Industry Regulations' started by newbee NC, Nov 19, 2007.

  1. newbee NC

    newbee NC Bobtail Member

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    Sep 2, 2007
    raleigh nc
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    I need help understanding the 70 hour driving rule. I live 3 hours from my prospective job terminal and was wondering if time spent driving just the truck from the terminal to my house has to be counted toward the 70 hours. If it is I think I might be better driving my personal car between the terminal and my house, that way I get 6 more hours of work time. If it doesn't count toward the 70 then I would rather drive the company truck. If anyone can help me understand the 70 hour rule please feel free to respond.:biggrin_25511:
     
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  3. eddiez1

    eddiez1 <strong>Gear Jammer</strong>

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    Oct 27, 2007
    Indianapolis, IN
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    I don't think it counts toward the 70, since you would be bobtail, but I'm not sure on that one. This is a question for logsrus, and she should be on here somewhere. Not much help, but I know she will know.
     
  4. LogsRus

    LogsRus Log it Legal

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    Indianapolis, Indiana
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    Look first I will state I hate this question! I do, it's a fine line to play.
    However I am going to copy the rules from the book and you take it how you want. Some state you are ok to log it off duty, however I feel if you are driving 3 hours prior to driving that truck you have been awake. DOT came up with the 14 hour because the fact you have been "awake" for 14 hours. So in my humble opinion, 3 hours is something you should be logging, but again take it and call DOT and ask them what they say (or e-mail if you can).
    Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

    Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

    A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest


    I know there is something else to, just can't find it right now. But I would say you could get lucky and log it as off duty as it's very vague in the regulations, even the DOT that came out 3 months ago said it is and to try and not use it because if you hit a bus of kids it becomes a whole different story in the court of law. :biggrin_25510:

    I just HATE THIS QUESTION!
     
  5. Roadmedic

    Roadmedic Road Train Member

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    I read this earlier.....

    I passed on making a comment.....

    I too hate this issue.
     
  6. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    I'm not trying to be a "butt" or any thing like this, just asking your opinion.

    Would you say the same thing if he was driving his POV to this job early in the morning and then got in his truck for the day's drive?
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Good question...

    Consider this. Factory worker works double shift (16 hours) drives 1 hour to work and 1 hour home. What is the difference?
     
  8. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    How about the cops that work 24s???? they have the right to drive really fast and even shoot some body if they feel there is justifiable cause.

    Or what about DRs that are on duty far longer than 12 hrs, or ambulance attendants, or FireFighters. Truck drivers really are getting the shaft here and there is no gooberment interference making these other industries work under HOS.
     
  9. Roadmedic

    Roadmedic Road Train Member

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    I know. When I was working as an accountant in tax season, I would get up at 5 am to get ready and drive in. Be at work by 6. Work straight through eating lunch at my desk and leave at 9 pm. Get home by 10. In bed by midnight. Get up next day. Fridays would go home at 6 pm. Saturday if I woke up at 2 am which happened alot, I went to work. Got off at 2 pm. Did this 7 days a week. Salaried so no overtime. Being middle management sucks...

    NO logbook or anyone telling me I couldn't drive.
     
  10. LogsRus

    LogsRus Log it Legal

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    Indianapolis, Indiana
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    What I read SOMEWHERE is just that and it said if driving personal vehicle to work it should be logged as on-duty (then again maybe I was high/ no kidding don't do that) I swear I did. I will look today. Heck I think I will ask just this question to DOT today and maybe I will get a response today.

    No I don't think you are being a butt, legit question & I know where you are going with it. Let me find that and let you all read what I read and tell me!
     
  11. LogsRus

    LogsRus Log it Legal

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    Indianapolis, Indiana
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    Yeap but they are not driving equipment of 10,000 lbs and larger (FMCSA regulations):yes2557:

    A trucker can work all day long, DOT just says you can't DRIVE after the 14th hour or 70th hour.
     
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