Can my boss tell me to come back to work before my 10 hrs off? Looking for clarification.

Discussion in 'Trucking Industry Regulations' started by Straz, Jul 18, 2018.

Do I call in? This is a fun poll.

Poll closed Jul 18, 2018.
  1. Heck ya! I'm past probation anyway

    0 vote(s)
    0.0%
  2. (maybe think about it) Poor choice because your new, but you are in the clear now, so ya do it!

    0 vote(s)
    0.0%
  3. Nah, make money man! Better to call in Friday and enjoy the weekend anyway!

    2 vote(s)
    50.0%
  4. Absolutely not young man!

    2 vote(s)
    50.0%
  1. Straz

    Straz Bobtail Member

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    Jul 18, 2018
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    Hello,

    I ran out of HOS and had to park the truck and be picked up today. This took an additional 2hrs and 25 minutes and lead me to getting off at 12:50pm today! The terminal boss told me I have to be back at 8:30pm tonight because I stopped driving at 1025am this morning. Can he do that?

    I was told to take the run I was on even though I disclosed to the supervisor who told me to take it I would run out of HOS. This happened this morning at 2:40am, I'm relatively new at my company and didn't know what to do and didn't want to risk losing my job to force the issue and say no. I have also never had previous issue with HOS at any company i have been at. I also feel that this could have been told to me when I reported I would run out of hours to my home terminal. So I could have at least tried to sleep in the truck which is a single cab. No instead I'm told by my ops manager that he thought I wouldn't have to come in tonight, I feel as if this is a retaliation event towards for running out of HOS.

    I drive in Wisconsin for a LTL company.

    Thank you for your time everyone!
     
    danmirza Thanks this.
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  3. James122

    James122 Light Load Member

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    Jun 28, 2018
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    It's from the time you stopped driving. Not got picked up.
     
    bryan21384 and Straz Thank this.
  4. Straz

    Straz Bobtail Member

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    Jul 18, 2018
    Midwest
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    So basically he is heartless and doesn't care about my safety.
     
    magoo68 Thanks this.
  5. James122

    James122 Light Load Member

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    Jun 28, 2018
    United States
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    Don't know enough about the situation or know your boss personally to make a fair assesment of this statement.

    You asked if he is violating the law. As long as you stop driving for 10 hours, no he is not. He is well within the law to do that. Now, the fact you were in a day cab and it makes it hard to sleep, that sucks. I know, I used to run local, but those are the breaks. Call in. Tell them for safety reasons you are too tired to drive, but be prepared for consequences that may stem from you doing that.
     
  6. 06driver

    06driver Road Train Member

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    Can only be logged off duty 2 hours in a commercial motor vehicle.

    Should have been logged on duty so long as you were in attendance of said vehicle.

    Definitely playing fast and loose with 395.
     
    sevenmph, Aamcotrans, Tb0n3 and 5 others Thank this.
  7. Straz

    Straz Bobtail Member

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    Jul 18, 2018
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    Reply about the boss in in your quote response. Correct I did and I would have tried to sleep but wasn't told i would have to be back until I was walking out the door. I'm little surprised my ops manager wouldn't know the answer to that question as he is our number two in charge and picked me up. I thought about calling in (I hate calling in because it creates extra work for someome else) but I might just work and see how it goes.
     
  8. x1Heavy

    x1Heavy Road Train Member

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    Mar 5, 2016
    White County, Arkansas
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    I don't know enough.

    If you quit driving (Went off duty) at a certain time with that truck killing the engine and setting those parking brakes (HISSS.) that's the time your 10 starts right that moment.

    What I hate are bosses that run out at the stroke of the 10th hour to bang on the sleeper beth wall, HEY YOU AWAKE YET YOU LAZY [profane word] and good morning to you too. (And you wonder why I never park on company yard property to sleep where at all possible)

    What happens during that ten hours off duty is your time. All 10 of it. Any work related phone calls will just have to wait until the 10th hour. And not before.

    If you feel that you are being faced with corection or a hostile boss intent on violating you against the ELD HOS in some way should you touch that 18 wheeler again within that 10 hour period from the last HISSSS...) you have a problem. There are federal anti corection laws in place.

    There is another aspect. This may or may not offend you because I don't know you from Adam online. But have you shown yourself to be weak and easily walked on before by that Boss? Being a yesman or a doorman opens you to abuse in this industry in a number of ways. Stealing from your 10 hours off is one way. Indirectly.

    That the main reason why I have no phone or am not home during those 10. I might be doing some bowling or something totally unrelated to trucking during that time. If the Boss is any good at all I'll be there after the time is up but not one minute before.

    If he fires me? GREAT. I document everything and go to both the Labor and Unemployment. Show the evidence and gospel from printed out HOS relevant regulations showing that I must have 10 hours off with absolutely nothing to do with trucking. Sometimes I have been awarded benefits for that several times.

    What I say by documenting is name names, who said what when and more especially WHAT TIME. AND the last moment that HISSS came out of your on duty or driving to Off duty or sleeper if you have one.

    Day cabs don't bother me, what the boss might be pleased to learn is I'll give the man some extra play time so to speak shuffling trailers like I did last time. 8 hours or 10 hours is meaningless. Until I have played with the sand box quite enough and am too tired to be shuffling trailers safely.

    What makes me sad is that entire employer is a rusted, over grown and rotting shell of buildings behind fresh razor wire fencing with 100+ out of work.

    But that's besides the point.

    Mark time when you set brakes not expecting to move a inch or do anything for the next 10 hours off duty or whatever. Make sure you do not answer that phone. Your boss's problems are not part of your personal home problems. (Or benefits) HE has drivers to take care of him. UNTIL your total time off duty or sleeper berth has elasped.

    I don't mean to type these long posts, but it is a stressor to me when there is a Boss intent on making sure that at the stroke of the golden gong you are standing in front of him full kit, truck warmed up ready to go and batches of papers for the load being shoved into your hands at 10.01 after your last HISSS.

    The SOB can just wait a minute. ///grump.
     
    Straz Thanks this.
  9. Straz

    Straz Bobtail Member

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    Bringing that up adds to my story they were pretty adamant I log out of the HOS system. I definitely agree with you with staying logged in. Is the 395 the road book most companies will hand out to you to keep on hand with your signature in it? I have only been driving 2+ years.
     
  10. Jazz1

    Jazz1 Road Train Member

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    Tell your boss when you will be available to go back on duty and explain why if you must. The employer does not own you 24/7. You are not his dog
     
    magoo68 and Straz Thank this.
  11. Straz

    Straz Bobtail Member

    25
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    Jul 18, 2018
    Midwest
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    Okay, no I'm not a yes man but I am worker through and through, however pushed to a certain point and I will tell them how it is so speak. The other information is interesting, where can I find out about the legal things you mentioned? If could message them to me would be great. I do agree with your logic behind the whole 10hr bit and having to be right back.
     
    x1Heavy Thanks this.
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