Hours of service questions and answers

You are very welcome. I went ahead and downloaded it and it does work with Excel 2007 and Microsoft Works spreadsheet version 9. If nothing else you may want to wander on over to driversdailylog.com and see what they have that may help you.

 

FWIW, I downloaded the recap spreadsheet, and it does work with OpenOffice.org 3's spreadsheet.

 

Haven't been able to find an answer to this, after reading through Part 395 and here on the forum.

Scenario:
Working for a construction company where you operate heavy equipment (dozer, wheel loader, excavators, ect.. ), and also having a Class-A CDL, run a tractor/trailer end-dump. Now with that, say you report to work in the morning, and boss says I need a couple of loads of rock. So you grab the truck and head off to the quarry get some rock, you drive about 6 hrs.

Now he has you back on a machine for a couple of hours, and then needs you to go get some sand. This takes about 4 hrs total. You work another hour on a wheel loader, then he still needs more sand.

Basically in those type of circumstances how is the 11/14 hr rule handled? Since you're working for the same employer in 2 different capacities, does the 14 hr rule include those hours that you're operating equipment, like loaders, dozers, ect. ? Would this affect the 11 hr driving time?

In such operations, where you would be sent for more material, it would be possible to be between your loading and back at the work site, when the 11 hrs would be up. You don't have a sleeper, just day-cabs, and boss really would not be happy for you to pull over and stop. He needs the sand/rock whatever now.

Just curious, as having worked in construction, this is very possible. I've just not sure how this would be addressed.

 

IIRC, any non-CDL work done for any employer is supposed to be logged on line 4. Therefore, your 14 starts when you go to pick up the rock. You'd have 5 more hours of drive time to use before your 14 ran out at the end of the day. Then you'd need a break...which, legally, would mean a break from all of your work, not just the CDL part.

I'm assuming for the sake of the answer that you're not within 100 mile air radius and therefore subject to the rules.

 

Here is a link to the info you are seeking;

http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.pdf

From the sound of your post I believe you would qualify as a local driver therefore you are subject to the 100 mile radius provisions and as such have 1, 16 hour day "shorthaul exception available" per week.

Be advised these regs apply to "driving." You can in essense "work" all day every day of the year without being in violation provided you do not "drive."

The catch is to accurately account for your "non driving" duties so you stay in compliance with the 60 hr/7 day or 70 hr/8 day rule.

 

I'm not currently working at this. The last construction company I worked for, this would be a common practice. I think the saving factor would be that most of the time we would only work 10-12 hrs in a day.

Also the company would fall into the 100 mile exemption. So most of the time driving past 11 hrs would not be an issue. However there were times that we would be required to work longer.

 

Timers work the same way. Boss can say whatever he wants, if you get caught, you get fined. If they figure out he's making you do it, he also gets fined. Both of you could end up in prison for a very long time if something were to happen.

 

First off, being that your work day exceeds 12 hours, you are NOT exempt from logging under federal HOS.

~ 14 hour rule:

The 14 hour clock starts the moment you log a on-duty status, and it won't stop unless you log 10 hours off duty (your truck likely doesn't have a sleeper birth, so you can't use a 8-2 split). For example, if you start work at 5am, your 14 hour clock will expire at 7pm. If you drive a CMV after 7pm, you will be in violation of your HOS under the 14 hour rule.

~ 11 hour rule:

Self explanitory. 11 hours of drive time maximum, and you need a 10 hour break.

Any on-site related work you do should be logged on line 4. Digging trenches, whatever. You can log yourself on line 4 24/7/365 and not violate anything. Just don't drive a CMV until you get a 10 hour break, or a 34 hour break depending on how bad your 60/70 hour clock is.

 

it doesnt matter. companies change line 1,2,3,4 . mine does. didnt think they could change line 3. my dispatch proved to me he could so i could get home instead of taking 10 at terminal. now i really got my eye on them . what other tricks you doin.

 

if you a company that works within 100mi radius of your terminal. i believe you dont have to log. so long as your company keeps an accurate time clock of your work. it states something to that effect . 395 section of dot manual.