log book questions

Yes , it was required because he exceeded 12 hours . Then he worked 16 hours which put him in violation of the 14 hour rule .

 

NOPE! You will NOT get in trouble. I used to drive a 6 wheeler all over VA, MD, PA and I can tell you that every time I got asked for a log book I always said, "well I don't run one because I'm not over 100 miles out of my city" Never ever got bothered by any DOT. Long time ago it used to be 150 miles from your city, and that is air miles, not driving miles.

I know all of these states, VA, WV, MD, PA and I have run into many of the DOT guys. There not trying to burn you, but if they are training someone new they might give you a warning which means NOTHING!

 

Crossing state lines has no bearing on this. The 16 hours is also legal, without a logbook, if it falls within the following conditions,
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.1
(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 395.3(a)(2) if:
(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by § 395.3(c).

 

Show us the regulation! The short haul exemption says nothing about intrastate and interstate. A company has a choice to keep time records or log books as acceptable record keeping. Since many local operations have one or more drivers leaving the circle that have to log, they make everyone log. This makes some local drivers think it's a regulation when it's not. It's a company decision. For example, just because your home base is Chicago doesn't restrict you to a half a circle. You can run Kenosha, WI to Benton Harbor, MI and still be exempt.

At minimum the office has to have time cards showing time reporting to work, hours worked and time leaving work. They don't even have to keep the records on site but have two days to produce them in case of an audit.



Here's all the questions relating to the 100 mile rule. If a state line was involved there would be a question. Maybe there should be one.

http://www.fmcsa.dot.gov/rules-regu...=395.1&guidence=y&keyword=interstate commerce

 

I drive a yard truck and also do a short load every day. My company wants me to keep a logbook because we have no time clock to punch so have no way to show how long we worked in the yard versus otr. Myself, I would just keep a log to avoid any confusion. Buy one yourself and keep it showing time as the jockey as on duty not driving and put put "switching" in the notes section.
Why take a chance. We have all seen how the rules are more of a guide to DOT who seemingly can't agree with what they mean scalehouse to scalehouse.

 

There is no question about crossing a state line, in short haul operations. If your operation did not cross a state line, FMCSA regs would not even apply, as FMCSA regs apply only to interstate operations, not intrastate.

 

Hauled for a company that only used time cards for the longest time and then they had a fed audit.

We hauled local and long distance so we would run log books outside the radius exemption and time card local, logging like that the federal inspector was not happy and told us we had to run log books if we ran outside the local radius at any given time.

Not saying he was correct or debating it at all, just sharing.

 

That's only because the inspector did not want to separate them out, causing him more work in his audit.

 

Could be just that, I still kept a log book for my records and the company was like why did you do that. CYA was my response.

 

I use a log to turn into the company, but because I seldom run out of the area with a day cab I do not turn it over to dot when asked I simply reply 100 mile radius and never been questioned past that at scales or while receiving a driving award. I have gone into Tehachapi after out of hour drivers, went inside the office let them know I was a local driver coming in to rescue equipment and never had a problem. Usually they will ask and I simply tell them I don't use a log. And just taking equipment to closest truck-stop or company drop yard. Or if the shipper or receiver is in the area that would be acceptable also. All they care is you answer there questions correctly. And be polite.