Still none of their business

They are exempt, during the time of the exemption, from the Federal regs. Upon returning from the exemption, the Federal Regs do apply and they do state that the previous 7 days must be accounted for. You do not need to show, or breakdown driving and on-duty, just that you did work X number of hours on X days, in that period. The same applies during a Federal exemption for disaster relief, which I have worked.

 

Wouldn't you show what you worked for the last 7 with the word exempt then the restart?
Seems the exemption would remove any violation and having the last 7 shown would handle that..

You can't just not show the past 7 days can you?

 

I'd say the difference is you are using your exemption with the knowledge of your Motor Carrier and Mr. Rat was not. In fact not only didn't he inform his MC, but he feels it is non of their business. In my eyes that makes him a bad employee.

 

No, according to the rules, you must show number of hours worked, but the number of hours driving are not regulated, during the exemption. Therefore, you could actually drive 24 straight hours, or more, under the exemption without being penalized.

 

If they are exempt at the time of exemption, then the prior days do not apply, as they do not need accounting. So, I guess I would just write exempt for the prior 7 days.

What your suggesting is silly, and your exemption would work at the time... then not work after.

So the accounting for the days would be... 7 days of exemption, as there is really nothing more to account.

I guess, a fail to see your point. So one could take one log sheet a write 7 days prior exemption status on it. If that would make you happy, but why? Every DOT officer is aware of it, and I see no problem or issue with it at all.

 

Here is my take on what is going on from the info at hand:

1) Boss knows about the exemption, if he doesn't he's a complete idiot.

2) Overzealous safety person, whom just took a 2 week seminar on FMCSA regs, and is rather new to the job. Thinks they now know more about the Regs than veteran drivers, and found out Rat was picking up work on the side. They looked it up in the little book, and called foul on it.

The safety person was unaware of Ag exemption status, and Rat had to do some schooling with her.... as it's likely they didn't cover such things in the two week course she took to make her an expert.

Rat does that about sum it up?

 

Yup that is how it works, What I do is just hold on to the Govenor's decree letter for about a week after the exemption ends. So if DOT asks about it, I show them the letter.

Never had a problem with it at all.

 

You don't actually expect him to say no

 

He has already admitted he was not in compliance and that he knew it.

I know this is pointless but Shred can you show the class where in that exemption it allows you to lie once the exemption qualifications are no longer met?

See once the exemption does not apply you fall back under standard 395. So to not report on duty time as defined by 395 is a violation.


Yeah yeah I'll let you bury the horse. I should have 5 or 12 pages ago. Log it how you wish.

 

I read the exemption and how it applies to the motor carrier and the logs.

It is an area that is very misleading.

When you are working outside of the trucking, the AG exemption does not apply to the driver. It appears it is only to the motor carrier and the logs.

It is an interesting read.

He stated like you said and I have just sat back and watched.