Is this legal?

I put a thanks on your post because I partially agree with it . However , you must understand the liability of an LEO once he stops a driver that is out of hours if allows the driver to continue he could be held accountable if there is an accident or any other type incident .
Why beat on those that write and enforce the regulations ? What about abusive carriers that push drivers to the limit knowing they may not have enough available hours ? How about drivers that put themselves in the position allowing a customer to start loading or unloading when they know they don't have available hours ?

 

I'm thinking about getting into trucking soon, and I've been digging up as much information as I can about it. When I was first told about the HOS regs it seemed pretty simple and straight forward. After reading through a number of threads on this forum though, it seems like the HOS rules are the most complex aspect of trucking.

The way I understand it, one can only be on duty for 14hrs in one 24 hr period. Of that 14, one can drive for only 11 hrs. After the 14hrs are up, there is a mandatory 10hr break. I also understand that the 14hrs are consecutive from the start of duty, so for example, if one starts at 0800 they have a mandatory break starting at 2200 regardless of how many times they went off duty over that 14hrs. So, the 14 will not reset until after a 10hr break no matter what. Is this correct?

Seems pretty simple to understand....until I start reading and trying to figure out how you guys are logging this stuff. I would assume it is legal (even if not SOP), but kind of confusing with how creative some seem to get with filling out the log. I'm kind of in the same boat with the 70hrs too. I understand it on it's face, but it gets confusing as well.

I don't understand how truckers are "making up time" when they are restricted, regardless, to the 14hrs on duty before a mandatory 10. Working off duty is like working off the clock (I know most don't get paid by the hour), which adds more confusion. Working of the clock, as most understand it, is like working for free.

 

You can work past your 14 and log it on duty but you can't drive more than 11 in your 14 or beyond your 14.

Study split break logging. You can return to driving without taking a full ten hour break.

 

The HOS only restricts driving time, not on duty time. You cannot drive after 11 hours driving, 14 hours on duty, or 70 hours in 8 days (60 hours in 7 days for companies that use that dispatch). Your example of starting at 0800 and ending at 2200 is correct. Working beyond the 14th hour, for free, is not necessarily true. Someone could be on hourly pay for working around the yard, load or unloading, etc.

 

Are the rules different for local drivers? I was told they HAD to be off of duty at 14hrs, with the exception of a 16hr day once a week or something like that. Maybe that's where I'm getting confused with the 14? I just assumed the HOS applied across the board.

If that's the case, then working off duty to save time on your 14(70), given you still have a few hrs drive time left, makes sense...is that legal? If not, staying on duty running down your 14 just waiting on the shipper/receiver is pretty backwards...especially when it can take them ridiculous amounts of time to get you on your way (picked that up reading the threads )

I'm still reading and learning about all of it. I guess I'm trying to figure out if the hours are straight, or if drivers are still "encouraged" to be creative with their logs in order to maximize the runs. I know there are a lot of factors that play into this, so just a generalization is good enough. I'm certainly not asking for a how-to, or for anybody to incriminate themselves.

 

Yes, the rules are different for drivers that are classified as "Short Haul".
The rule is, if you are required to be in attendance, while loading/off loading, then you must log on-duty. If you are not required to do anything, or be in attendance, then you may log off-duty, or in the sleeper berth. Many places pay detention for excessive waiting time to load or offload. But, it doesn't matter if you get paid or not, the regs define on-duty and you are required by law to log it as such.

 

Hi, please tell your dispatcher, to look into the regulations. Or just show them next time you go through the yard. They cannot make you work once the 14 hour window is up, or you used up your 11 hours driving time. Good luck.

 

someone on here once made a reference to overhearing a driver tell dispatch on the phone one time "You do know there is only 24 hours in a day, dont you?" lmao

 

I posted that thinking that those idiots that write the regulations would be more prone to listening to LEO's than us drivers, which include the various organizations like ATA or OOIDA. Also the push against LEO, is directed at those that use the regs to generate revenue, aka money maker for their budgets. Law Enforcement is not, and has not been (until recently) supposed to be a for-profit business. It is to enforce laws, and yes I understand that when they find violations and cite you, that is what they're doing. However when they go to the extremes just so they can generate the money for their budgets, I think they go too far. Example, in Kansas there is a DOT trooper that has gained the nickname "Little Hitler". He's written one of our drivers for being over on an axle. Not the entire axle, but just one side. As far as I'm concerned those DOT officers are a disgrace to the uniform.

What I probably should have focused on in my post was to get those that are respected more by the regulation authors, to debate some of these ridiculous, nanny-state regulations with them. I think drivers are thought of as the criminals by those that make the regs, and are not going to listen one bit to us. However the LEOs on the other hand are held in higher regard, and will accept debate from them.

I too am glad that the LEOs are out there doing their job, getting the unsafe off the road.

 

Wrong, you can legally "work" beyond the 14th hour. You just can't drive on a public highway, beyond the 11th or 14th hour.