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70 hour rule - help settle an argument

Discussion in 'Trucking Industry Regulations' started by Jinx, Feb 20, 2009.

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  1. Feb 20, 2009 #1
    Jinx

    Jinx Light Load Member

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    My husband and I have different interpretations of the 70 hour rule, and I'd like some help determining which of us is right.

    My view - after you have used your 70 hours you can still go "On duty - not driving", you just can't log "Driving". You can work till your heart bursts if you want, you just can't drive after you have logged 70 hours.

    My husband's view - Once you have reached your 70 hour limit you can't do anything, you must go either off duty or into the sleeper.

    example - we arrive at a receiver just as my husband reaches the end of his 70 hours. We still need to log "on duty - not driving" for the delivery. Can he put that time on his log, going over his 70 hours, but not driving, or do I need to start my shift and log that time in my book, even though it would start my 14 hour clock ticking earlier than necessary?

    Any help we can get would be greatly appreciated.
     
    Jinx, Feb 20, 2009
    Jinx, Feb 20, 2009
    #1
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  3. Feb 20, 2009 #2
    LandShark

    LandShark Road Train Member

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    as usual the woman is RIGHT and he is wrong...however you will be required to take a 34 restart before driving again.
     
    LandShark, Feb 20, 2009
    LandShark, Feb 20, 2009
    #2
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  4. Feb 20, 2009 #3
    Jinx

    Jinx Light Load Member

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    My hubby wants to know if you are sure about the 34 restart thing, or if he would be able to drive after midnight when he picks up hours again?

    And he's laughing maniacly saying that he planned this on purpose so I would have to do all of the driving in LA :p
     
    Jinx, Feb 20, 2009
    Jinx, Feb 20, 2009
    #3
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  5. Feb 20, 2009 #4
    LandShark

    LandShark Road Train Member

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    he must have a 10 hour break and if it ends before he gets hours back at midnite he must still wait until he has available hours....
     
    LandShark, Feb 20, 2009
    LandShark, Feb 20, 2009
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  7. Feb 20, 2009 #5
    Jinx

    Jinx Light Load Member

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    Thanks LandShark. Yeah I figured that about the ten hour break. I guess it would work like this: if he was at 70 hours and 15 minutes, and he picked up 5 hours at midnight, and fulfilled his 10 hour break, he would then have 4.75 hours to drive.

    But, lucky for us, we don't have to deliver our second stop till Monday, so I can do all the driving till then, and he can just kick back and relax and get his 34 restart.
     
    Jinx, Feb 20, 2009
    Jinx, Feb 20, 2009
    #5
  8. Feb 20, 2009 #6
    psanderson

    psanderson Road Train Member

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    The 70-hour rule merely states that a driver many not drive after 70-hours. Nothing says he can't be on duty, not driving. The title of the rule is Maximum Driving Time, not Maximum Working Time.

    But once unloaded he needs to be on his 34-hours rest. Once he receives the 34-hours he may drive again.

    From a retired federal DOT official.
     
    psanderson, Feb 20, 2009
    psanderson, Feb 20, 2009
    #6
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  9. Feb 20, 2009 #7
    terrylamar

    terrylamar Road Train Member

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    This is not, necessarily, true. There is no requirement to take a 34 hour reset. He must have at least a 10 hours off duty or in the sleeper or a combination of either. After midnight hours may drop off his eight days. This all depends on how many hours on duty not driving he spent unloading. If it doesn't total 70 hours for the eight days he has whatever hours are left over.
     
    terrylamar, Feb 20, 2009
    terrylamar, Feb 20, 2009
    #7
  10. Feb 21, 2009 #8
    Kabar

    Kabar Road Train Member

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    There are two things to remember about the 70hr rule

    1: If you go over your 70 hrs you must explain why this had to be done in the remarks.

    2; you can get a ticket for going over the 70hr. even if it's to be on duty not driving. just look up any company on U.S. DOT SAFER - Company Snap Shot and you will see where drivers have been given tickets for this in ever state.

    So if you are a team. You would be best off to switch once one of you have reached your 70 hrs.
     
    Kabar, Feb 21, 2009
    Kabar, Feb 21, 2009
    #8
  11. Feb 21, 2009 #9
    Winchester Magnum

    Winchester Magnum Road Train Member

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    News to me.
     
    Winchester Magnum, Feb 21, 2009
    Winchester Magnum, Feb 21, 2009
    #9
  12. Feb 21, 2009 #10
    Thumper

    Thumper Medium Load Member

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    Well both are right you can work as long as you want just 10 before you drive and pick up some hours etc
    Or pull the 2nd book from under the seat lol
     
    Thumper, Feb 21, 2009
    Thumper, Feb 21, 2009
    #10
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