What is with some companies saying you can only work 14 hours a day and 60 days a week max, and some saying you can work up to 16 hours a day and 70 hours a week?
The place I work for is not open sunday, and ships monday to saturday.
Is it not mandatory companies follow FMCSA?
Apparently the Texas DOT has a different set of rules specifying not adopting sections of the FMCSA...
Who can provide me with some answers, I have worked 15.5 hour days including drive and delivery time, and over 70 hours in a week.
I told my company that was a load of crap working over 70 hours, and I was told to shut up and stay out on the road and finish my route, else id be looking for another job.
I have been driving a 30+ft micky trailer on a manual and automatic for two months with them... and averaging under $10/hr.
Should I switch companies or what? I am taking $450 home after taxes a week and home every night....
Should I be ######## or should I shut it?
Soda Driver in Texas Questions
Discussion in 'LTL and Local Delivery Trucking Forum' started by LoneDeRanger, May 5, 2013.
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im getting my experience and studying for my hazmat right now, have my other endorsements already, but am wondering if it is greener on other side or just a mirage....
most places want 6 months experience, but I am more concerned on hours of service... are we limited in texas to 70 hours in 6 days or 60 hours a week and 14 hours on duty per day...mje Thanks this. -
Since you only deliver Monday through Saturday you only can run 6 days and 60 hours as far as running over 14 as long as your local you can work 1 16 hour shift a week there are plenty of threads that go into detail about it your just gunna need to search for it and don't go telling company's you have only driven a 30 ft trailer some look down on it you need to get a dac report and see if your company reported you down for driving
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that is per fmcsa but do all companies have to comply with fmcsa?
mje Thanks this. -
FMCSA regulations don't apply to truck drivers that operate within a 100 mile radius of their home terminal. You're not subject to federal HOS regulations if you're only operating in your home city.
That being said, you are still required to be paid overtime for any hours over 40, unless you're paid a straight salary, which must be the same very week regardless of the number of hours you work. If you're paid hourly but are not being paid overtime, your employer is in violation of Texas labor laws.
Either way, if you're working 70 hours a week and taking home only $450, you're getting ripped off and should seek employment elsewhere.
EDIT: To be clear, I'm referring to FMCSA regulations regarding interstate operations. Some states do have their own HOS requirements, some don't. I don't know off the top of my head what requirements Texas imposes, if any, you'd have to look that up.Last edited: May 5, 2013
mje Thanks this. -
Here you go:
GENERAL RULE - All Carriers - Intrastate In Texas (37 TAC 4.12)
12 Hour Rule (37 TAC 4.12(a)(2))
Drivers are allowed to drive for 12 hours following 8 consecutive hours off duty.
15 Hour Rule (37 TAC 4.12(a)(2))
A motor carrier cannot permit or require a driver to drive after 15 hours are spent on duty following 8 consecutive hours off-duty.
NOTE: Drivers in intrastate commerce violating the 12 or 15 hour limits shall be placed out-of- service for eight consecutive hours.
70 Hour Rule (37 TAC 4.12(b)(2))
A motor carrier must not permit or require a driver to drive after having been on duty
70 total duty hours in seven days
A driver may restart a 7 consecutive day period after taking 34 or more consecutive hours off-duty.
Hours of Service Documentation
Driver's Record of Duty Status (395.8)
Every driver shall prepare a record of duty status (Driver's daily log) in his/her own handwriting for each 24-hour period, unless operating under the 150 air-mile radius exemption.
Failure to complete or retain the log, or knowingly falsifying logs or other reports, makes the driver and/or carrier liable to prosecution.
Submitting/Retaining Duty Status Log (395.8(i))
The driver must submit the original log sheet to the employing carrier within 13 days after completion. When a motor carrier uses a driver initially or intermittently, that carrier must obtain from him/her a signed statement giving the total time on duty for the preceding 7 days and the time at which he/she was last relieved of duty. Records of duty status must be maintained for a minimum of 6 months at the car- rier's principal place of business, with all supporting documents.
Automatic On-Board Recording Devices (395.15)
Alternatively, motor carriers may require a driver to use an automatic on-board recording device to record duty status. The driver must still have in his/her possession records of duty status in automated or written form, for the previous 7 consecutive days. The driver must sign all hard copies of the driver's record of duty status.
Every motor carrier, its officers, drivers, agents, representatives, and employees directly concerned with inspection or maintenance of CMVs must comply and be conversant with these rules.
100 Air-mile Radius Exemption - Interstate (395.1(e)(1))
A driver is exempt from maintaining the driver's daily log requirements of Section 395.8 if all of the fol- lowing requirements are met:
(e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location; (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
(e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
(e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;
(e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours max- imum driving time following 10 consecutive hours off duty; or
(e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and
(e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
(e)(1)(v)(A) The time the driver reports for duty each day;
(e)(1)(v)(B) The total number of hours the driver is on duty each day;
(e)(1)(v)(C) The time the driver is released from duty each day; and
(e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
150 Air-mile Radius Exception - Intrastate Texas (37 TAC 4.12(a)(4) & (b)(3))
A driver is exempt from maintaining the driver's daily log requirements of Section 395.8 if all of the
following requirements are met:
The driver operates within a 150 air-mile radius of the normal work reporting location.
The driver returns to the work reporting location and is released from work within 12 consecutive
hours.
Each 12 hours on duty are separated by at least 8 consecutive hours off duty.
The driver does not exceed a maximum of 12 hours driving time following 8 consecutive hours off
duty.
The motor carrier that employs the driver maintains and retains for a period of six months accurate
and true time records that show:
The total number of hours the driver is on duty each day.
The time the driver reports for duty each day.
The time the driver is released from duty each day.
The total time for the preceding seven days for first-time or intermittent drivers.
Here's the original document, it's a bit easier to read:
http://www.driversdailylog.com/Intrastate Rules/Texas Intrastate Rules395.pdfmje Thanks this. -
so intrastate texas is completely different and going to screw short haul under 100 air mile drivers...
so #### im screwedmje Thanks this. -
we do not have set routes, but all travel under 100 mile radius, mind you we can log over 300 miles a day, most gare 10-14 hours of 70-100 miles and unloading around 3,500-10,000lbs of product per day...
I think I will stick it out for a while to get my experience while I look to transition into hauling crude or gas with a hazmatmje Thanks this. -
why wait, there are plenty opportunities out there, esp in texas. dont wear out your body for those slave wages. Lots of LTL companies, oilfield work..Screw what you are going through. you dont have to take that nonsensemje Thanks this.
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