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70 hour rule for 1-driver carrier; logging farm truck?

Discussion in 'Trucking Industry Regulations' started by JoeB, Jul 17, 2010.

  1. Jul 17, 2010 #1
    JoeB

    JoeB Light Load Member

    76
    14
    Jun 17, 2009
    ND
    0
    My boss' fleet consists of 2 commercially registered/insured & [annually] inspected Class 8 trucks. I drive 1 truck & the other sits most of the time (spare). The trucks & trailers are registered in the boss' personal name. Over the course of 2 months, at no time were both used for-hire at once.

    I am logging nearly 70 hrs/week, getting 34 hr reset. It seems to me that I'm actually subject to 60 hr/7 day rule rather than 70 hr/8 day. Since I take my 34 hr every week, my carrier does not operate 7 days/wk.

    The boss also has farm trucks (Class 8, not commercially registered) that I am expecting to use, to move empty trailers -likely locally/in-state. I assume this is OK, as long as I log & don't haul for-hire. I'm thinking regular Line 3 time, but not sure on that-since it may not be considered CMV.

    Any thoughts on this?

    Thanks,

    Joe
     
    JoeB, Jul 17, 2010
    JoeB, Jul 17, 2010
    #1
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  3. Jul 17, 2010 #2
    Raezzor

    Raezzor Quis custodiet ipsos custodes?

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    Aug 1, 2009
    Columbus, OH
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    As far as I'm aware, only passenger carrying vehicles use the 60 hour/7 day rule. All property carrying drivers must use the 70 hour/8 day rule even if the carrier only works 5 days out of the week.

    Edit: Hmm, appears I was wrong. :) Here's the FMCSA link to the rule on which to use. The rule is the same for property or passenger carrying CMVs.

    b)(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

    (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.


    Edit 2: Not sure on your second question at all though. If within a 100 mile radius of where you park the truck when not driving, it might be considered local work. Your state might have special provision for agricultural driving as well. I'm sure you could contact your local DOT too.
     
    Raezzor, Jul 17, 2010
    Raezzor, Jul 17, 2010
    #2
    JoeB Thanks this.
  4. Jul 25, 2010 #3
    eegor

    eegor Bobtail Member

    3
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    Jul 21, 2010
    The Republic of Texas
    0
    Being that JoeB is the only driver for the carrier, and is theoretically on call every day of the week, couldn't he use the 70 hour rule?

    After all, just because he's logging every weekend off this month, doesn't mean that next month won't be different. Since his boss operates farm trucks, a farm is a 7 day a week operation.
     
    eegor, Jul 25, 2010
    eegor, Jul 25, 2010
    #3
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