When asked to run illegally...

Discussion in 'Trucking Industry Regulations' started by leadman, Sep 10, 2013.

  1. LogsRus

    LogsRus Log it Legal

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    Nov 23, 2006
    Indianapolis, Indiana
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    To run 150 air mile radius rule and OTR you can't do both.. ou are either an OTR driver or a 150(short haul) driver!
    (2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §395.3(a)(2) and §395.8 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if:
    (i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;
    (ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;
    (iii) The driver returns to the normal work reporting location at the end of each duty tour;
    (iv) The driver does not drive:
    (A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and
    (B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;
    (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (A) The time the driver reports for duty each day;
    (B) The total number of hours the driver is on duty each day;
    (C) The time the driver is released from duty each day;
    (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.

    see if you don't comply with the above for the "preceding" 7 days and you are driving over the 150 air mile raidus one day and not the other day then you can't say your "short haul".
    I hoope you have taken this to the higher power! I will add if drivers put a complaint in they do investigate the driver as well to assure the driver isn't making stuff up. I don't feel you are at all but want all drivers to know just because you say there is a problem they look at all aspects on the company and driver side which should be expected. If you are rght, it's not going to be good! I agree you should report this.
    No one should want you on the road.. You might hit my kids, grandbabies (don't have any yet) or hurt yourself!
    Remember drivers you always have the "fatigue" rule! If you are to tired to driver you are not allowed to drive!
    As posted above no company can force you to violate any of the rules and that's a DOT rule not to drive while fatigue
     
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  3. CondoCruiser

    CondoCruiser The Legend

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    That one kind of confused me for awhile listening to other local drivers working 16 hours and such. Reading it in black and white makes me wonder how many misinterpret local driving rules? Short haul drivers requiring CDLs are limited to 100 miles and 12 hours working. Only non-CDL can use those rules. So basically you have to be driving a truck between 10,001 lbs and 26,000 lbs. to even use the 150 mile rule.

    That's the way I interpret it. Correct me if I'm wrong! :)
     
  4. 12 ga

    12 ga THE VIEW FROM MY OFFICE

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    Oct 21, 2013
    Central Michigan
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    Last edited: Nov 10, 2013
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