Hours of service

Been driving a class B dump truck for 3 years. We usually work within 150 miles of home. Somtimes we work 14 - 16 hr. days when paving. They have always told us to put down no more than 12 hrs. as hrs. worked and the amount of fuel purchased in the remarks section of our inspection forms. We turn our time in for our pay on a seperate timesheet and they pay us for the true hrs. worked. They have been having us turn in the original inspection report with our time and then the yellow copies after 7 days into a new book.
I was wondering is this legal and what kind of trouble could it cause my cdl if caught ?

 

The FMCSA has the right to look at the carriers pay records to see if the time records are correct or falsified. If you were truly told by your managers to perform in this manner it will be they who are fined and possibly sent to prison. The proof would be in the act in that just about every drivers time record and pay record will be the same as yours. However if you are the only person doing this, or if you are amongst the few who are doing this, the carrier may be fined for allowing you to do it, and you may be fined for doing it.

The reason is because the 100 air mile radius rule, 395.1(e) only allows you 12 hours then you must shut it down. It also only allows you a 100 air mile (an air mile is a nautical mile) radius (a circle of 100 air miles with the center point your place of dispatch). FYI: 100 air miles is 115.7 regular miles. If you go farther than that you must be logging which actually gives you more working availability if you truly think about it. FYI: a standard mile is 5,280 feet; a nautical mile is 6,076 feet. The only rule that mentions 150 is in Canada. Canadian rules state 150 kilometers which is just about the same as the American rule.

From a retired federal DOT official

 

It has ussually been only two or three truck that were assighned to that particular job for the day.

 

If you don't cross state lines you don't need to worry about FMCSA . You didn't mention if the work was intrastate .

 

We do occasionally cross state lines.

 

O.K. then . You questions will be answered here . http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp . I would like psanderson to clarify something here . He stated you must shut it down after 12 hours . My opinion is working over 12 hours makes you unable to use 100 mile rule . You would be able to work 14 or more hours a day but would have to log the hours and could not drive over 11 hours in the 14 . Important to note here is if you are behind the wheel you must log that time as driving . You can minimize driving time by getting out of the cab while in line waiting to load or unload . You can see you and your employer can be fined $1,000 to $11,000 per violation . All it takes to be caught is one disgruntled employee or vindicitive competitor to make a call to FMCSA . It really isn't worth the risk .
The way some companies figure it is they'll risk a $10,000 fine if they make over $200,000 a year extra running illegaly . That's why many people feel monetary fines are ineffective and more criminal charges should be pressed . Falsification of HOS records is a felony . Then there's the liabilty factor . The first thing an attorney does in a suit involving a truck accident is depose all time records and service records of the truck and driver for at least the 2 previous years .

 

I'm not sure what you wish me to clarify. It may be that somewhere along the line we have read or stated something improperly. 395.1(e) states that within a 100 air (nautical) mile radius you need not log IF you return to the work reporting location and are released within 12-hours. Simplistically this means that you must shut it down at your home terminal after 12-hours (you must therefore begin and end your day at the home terminal). Each duty period of no more than 12-hours must be separated with 10-hours rest. In this case duty includes all duty time i.e. driving time, and non-driving time.

If you travel farther than a 100 air/nautical miles then you must log as required in 395.8 as you stated, and you have a longer working avalibility.

Here's the applicable parts.......I added what is in this color.............

CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 395_HOURS OF SERVICE OF DRIVERS--Table of Contents Sec. 395.1 Scope of rules in this part.
(e) Short-haul operations--(1) 100 air-mile radius driver. A driver is exempt from the requirements of Sec. 395.8 (395.8 is logging) if: (i) The driver operates within a 100 air-mile radius of the normal work reporting location; (ii) The driver returns to the work reporting location and is released from work within 12 consecutive hours (here is where you lose time under this rule...once you go off duty you cannot return to duty until you have had 10-hours rest); (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty; (iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off- duty.

(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (A) The time the driver reports for duty each day; (B) The total number of hours the driver is on duty each day; (C) The time the driver is released from duty each day; and (D) The total time for the preceding 7 days in accordance with Sec. 395.8(j)(2) for drivers used for the first time or intermittently.

P.S. I only pasted the applicable parts for a property carrier as this person stated he was. The rules are different for a passenger carrier.

 

As was said this IS totaly illegal. If something where to happen. Say a wife with kids in the car cuts you off. Your doing the legal speed but theres no way to avoid them. You hit them and one or more of them are killed. During the crash investigation it is descovered that you are 112 miles out from your yard witth no log book. Now the S*** hits the fan. They dig into all of the records and find out that this is SOP for you and this company. The company loses a $500,000+ law suit and you go to prison for man slaughter. All because the owner wants to make a few extra dollors.

Not trying to scare you. Just stating something that has happend many times.
Theres a CRETE driver sitting in a FL. prison right now for running illegal. He had an accident. Kids where killed. He went to jail and the company know what he was doing. None of them are in jail.

I can tell you plenty of other cases of drivers going to jail because of what the company did as SOP. If I where you I would get as far away from this company as I could as fast as I could.

 

FYI: If the Safestat/Safer information shows the carrier as an interstate carrier it makes no difference if or not the truck crosses state lines. An interstate carrier is governed by the federal rules enforced by the FMCSA. If the carrier is shown of Safer/Safestat as an intrastate carrier then you are correct and the rules of the state are applicable.

 

I don't agree he must shut down after 12 hours if he works in a 100 mile radius . He can work more than 12 hours but will be required to log because he doesn't meet the exemption requirements .