Starting up and new HOS

Discussion in 'Ask An Owner Operator' started by Skunk_Truck_2590, Jun 25, 2013.

  1. bigdogpile

    bigdogpile Road Train Member

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    I guess your just a pupet on string then...your investor in your trk ? really..??..does your "investor" charge you interest to finance your truck ?
     
  2. renegade1

    renegade1 Bobtail Member

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    Drivers,

    If you meet either of the following the 34 hour restart is required:

    (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week;
    or
    (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

    (d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last
    such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the
    calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

    The key is if you reach the 60 hours in 7 days or 70 hours in 8 days, you are required by FMCSA regulation 395 to take a restart. If you keep your hours below the 60 hours in 7 days or 70 hours in 8 days you do not need to take a restart.
    The restart provision is for those drivers who meet the 60 hour in 7 days or 70 hours in 8 days (depending on if the carrier runs 24/7).

    To 379exhd: if you drive 11 x 6 days + 4 1 day, you have met the 70 hours and are required to take the restart. You must stay below 70 hours. I recommend you drive a total of 69 or less in case of miscalculation on the totals.
     
  3. RickG

    RickG Road Train Member

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    A restart is NEVER required . You can recap and wait for available hours . To the best of my knowledge Teamsters never use the restart .
     
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  4. renegade1

    renegade1 Bobtail Member

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    Drivers,


    If you meet either of the following the 34 hour restart is required:

    (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week;
    or
    (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

    (d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last
    such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the
    calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

    The key is if you reach the 60 hours in 7 days or 70 hours in 8 days, you are required by FMCSA regulation 395 to take a restart. If you keep your hours below the 60 hours in 7 days or 70 hours in 8 days you do not need to take a restart.
    The restart provision is for those drivers who meet the 60 hour in 7 days or 70 hours in 8 days (depending on if the carrier runs 24/7).

    To 379exhd: if you drive 11 x 6 days + 4 1 day, you have met the 70 hours and are required to take the restart. You must stay below 70 hours. I recommend you drive a total of 69 or less in case of miscalculation on the totals.
     
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  5. rollin coal

    rollin coal Road Train Member

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    The regs do not make 34 hour resets mandatory.

    Sent from my droid using Tapatalk 2
     
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  6. Oscar the KW

    Oscar the KW Going Tarpless

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    This is funny, anyone else remember all the doom and gloomers wanting to know how we are going to make any money the first time they changed the hours of service? I do, if I had a dollar for everytime someone brought that up years ago I wouldn't be on here, I would be sitting on a beach in some nice tropical island with my wife for the rest of my life.
     
  7. renegade1

    renegade1 Bobtail Member

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    Drivers,

    I am not here to argue with anyone. I just want to help clear up the confusion by advising what the regulations say. If you care to view it, the FMCSA Regulation 395.3 is below:

    § 395.3Maximum driving time for property-carrying vehicles.(a) Except as otherwise provided in §395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.(c)(1) Through June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.(2) Through June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.[76 FR 81188, Dec. 27, 2011]
     
  8. Roadmedic

    Roadmedic Road Train Member

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    You must not have read this either.

    It does not mandate a restart either.

    Your previous posts have claimed that it was required and this one does not support that claim.

    If you want to clear up confusion, at least be right in the first place.
     
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  9. MNdriver

    MNdriver Road Train Member

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    Guess I'll go back to running again as if there is no restart...
    Oh wait, a restart is only an option, not required...
     
  10. renegade1

    renegade1 Bobtail Member

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    Would you like to explain?