No 34 hour restart due to company policy?

Discussion in 'Trucking Industry Regulations' started by Owner's Operator, Feb 13, 2010.

  1. Old Man

    Old Man Road Train Member

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    Two things:
    the law for truck drivers does not require a 34 hour reset.

    Bus drivers are not eligible for the 34 hour reset, read the rules, they are still on the 10 hour driving limit and 8 hour break.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Actually if you look at the property carrying rules, they do not mention the 34 hour restart either.
     
  4. Crash935

    Crash935 Medium Load Member

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    Working 8 hours a day theres no reason to take a restart even if you work 7 days a week
     
  5. Kabar

    Kabar Road Train Member

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    §395.5 Maximum driving time for passenger-carrying vehicles.
    Subject to the exceptions and exemptions in §395.1:
    (a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle:
    (a)(1) More than 10 hours following 8 consecutive hours off duty; or
    (a)(2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.
    (b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after—
    (b)(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
    (b)(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.
    [68 FR 22516, April 28, 2003; 70 FR 50071, Aug. 25, 2005]

    §395.3 Maximum driving time for property-carrying vehicles.
    (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
    (c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours

    Notice that there is no provision for a 34 hr restart in the passanger carrying regs.
     
  6. Owner's Operator

    Owner's Operator Medium Load Member

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  7. RickG

    RickG Road Train Member

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    You don't NEED a start but by taking it the 2 days you are off the 20 you worked don't count towards your 70 . A lot of people take a restart when they have far less than 70 hours because it eliminates counting back past the restart .
     
  8. LogsRus

    LogsRus Log it Legal

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    Indianapolis, Indiana
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    EXACTLY!

    If you have 34 hours off why not reset your recap to "0".. Really it's that simple and it helps you make more money and the company..
     
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