Define PROPERTY-CARRYING DRIVER
Discussion in 'Trucker Legal Advice' started by gkiley, May 5, 2013.
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Have no Idea what that means, did you get some kind of fine?
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No fine but in the 49 CFR part 395.1(o) states that a property carrying driver is exempt from the requirements of 395.3(a)(2).
What I am trying to find out is the requirements for using the 16 hour rule in CA. -
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The hours of service regulations refer to "property-carrying" to distinguish them from "passenger-carrying" commercial vehicle drivers. It's really that simple. If you're driving a truck you are a "property-carrying" driver if you're driving a bus you're a "passenger-carrying" driver. Both are subject to hours of service rules, but not the same rules.gkiley Thanks this.
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It doesn't just state they are exempt. It gives three reasons why a property carrying driver would be exempt:
(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by § 395.3(c).
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