A slow-pitch for you heavy hitters...

Discussion in 'Trucking Industry Regulations' started by NealinNevada, Dec 27, 2007.

  1. NealinNevada

    NealinNevada Light Load Member

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    Dec 16, 2007
    One Horse Town, Nevada
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    Alright, here is the scenario...a driver, who drives just on Thursdays and Fridays picks his truck up at this home terminal at 7:00 pm Thursday night with his full 70 hours available (he has been off-duty since the previous Saturday morning). He drives for five hours to a rest area (arriving at midnight) and then sleeps until 4:00 am in the sleeper. Then switches trailers with another driver and returns to his home terminal, arriving at 12:00 noon due to inclement weather. If this was logged as it happened (no creative ;-) log book entries), would the driver be over the 14 hour rule (drove 5 hours, slept 4 hours, drove 8 hours) ? A full 17 hours has elapsed since coming on duty, but it is has been over two days (Thursday night and Friday morning).

    Any and all input would be most appreciated.
     
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  3. elharrison

    elharrison "Iam on my way"

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    Feb 8, 2007
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    yes

    14hr rule starts when you start

    7pm-9am is your 14 hrs

    it doesnt matter what day you start on

    theres a rule about 8hrs in sleeper but im not sure

    but just figure 14hrs from 7pm or what ever time you start

    ALSO: you drove over your 11hrs also
     
  4. BumpInTheRoad

    BumpInTheRoad <strong>Zippy</strong>

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    On Life's Highways
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    There is an exception to the 14 hrs. that is due to weather or some other delay like road closed due to accident, and if you return to the same home terminal each day, you may exceed the 14 hour only by 2 hours one time per week
     
  5. BearGator56

    BearGator56 "The G stands for GOOD!"

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    Apr 11, 2006
    Orlando, FL
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    He would be illegal at 9 am (14 hour rule), and for driving over 11 at 10 am. The 4 hour sleeper berth did nothing for him. The most it would have "counted" for is 2 hours of a split sleeper, or the first 4 hours of an 8 or 10. If he would have gotten the extra 4 hours in the sleeper for the 8, he would have been fine, except for the 2 extra driving hours.

    Now, if you wanted to try the "crazy weather" exception, then that would allow you 16 hours, but you would still only be allowed 11 driving. That would still have had him illegal at 11 am. Unless it's an unexpected storm (tornado), I don't think you can get away with it. Maybe a blizzard...

    All the off duty time prior to starting the duty status would have really made no impact on this scenario. Another thing not mentioned was the 15 minute pre-trip, but that wouldn't have affected the drive time. Either way, DOT would shut you down for 10 if caught, and your log clerk would violate you as well.

    The only solution to this situation would have been a second sleeper berth of 8 hours, or a 10 hour off duty/sleeper period.
     
  6. BearGator56

    BearGator56 "The G stands for GOOD!"

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    Apr 11, 2006
    Orlando, FL
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    The "weather" rule you're thinking of does NOT allow for accidents. Traffic delays will not get you out of an HOS violation.

    The "16 hour rule" has several conditions that must be met. One of the most important ones being that you cannot have any Off Duty or Sleeper time. You have to be a "local" route driver who starts and finishes his day at the same terminal every day. You can only use it once a week, unless you have a 34 hour restart in between uses. You must also have been "local" with no sleeper/off duty time for at least 5 trips (not days). You can not exceed 11 hours of drive time, either.
     
  7. NealinNevada

    NealinNevada Light Load Member

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    Dec 16, 2007
    One Horse Town, Nevada
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    Alright, got you...on the 14 hour rule. Now a follow-up question...with the 11 hours violation. Let's say the driver left the rest area and drove for six-hours then stopped (so 5 hours driving to the rest area, 6 hours in the snow heading home and then pulled over: total driving time since last 10 hour break was 11 hours). What would the driver need in the sleeper to get legal so he could drive again? 10 hours?
     
  8. BearGator56

    BearGator56 "The G stands for GOOD!"

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    Apr 11, 2006
    Orlando, FL
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    Yep...10 hours.
     
  9. NealinNevada

    NealinNevada Light Load Member

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    Dec 16, 2007
    One Horse Town, Nevada
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    Thanks for the answer...I thought that would be the case because it is such a bassackwards way of doing something (in the hope that it makes the roads safer). The way the law is set-up, it would tend to make the driver in my scenario "push it" during bad weather to get home before he ran out of driving hours, rather than slow down and just drive home at a safe speed for the driving conditions.
     
  10. palerdr

    palerdr Medium Load Member

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    Nov 18, 2007
    albuquerque,n.m
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    10. even though you still have 3 hrs left on your 14, you already used your 11 and can't drive again until a 10hr brk. If you had driving time left , you could go 8 hrs in sleeper. I was told that the 8 hours has to come first, then later on you can take 2. But not in this case. You need 10





     
  11. Colotow

    Colotow Bobtail Member

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    Dec 22, 2007
    CSC Scania, Iraq
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    now, the next bit of bull- this is based on questions I asked of the colorado state commercial enforcement guys during a class on the new hours.

    IF you split your sleeper time, you MUST finish the balance of the 10 hours IN THE SLEEPER. my question was what if i took a nap, then finished the run, and parked in front of my house?
    the answer was yes, i was legally required to sleep IN THE SLEEPER, i could not go into my house to sleep (on paper at least)
     
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