New HOS

You go off duty on Friday almost every week at about the same time, you start work on Monday about the same time.

Your confusion is pretty easy.

If you take a 34 at 6 pm on Friday, it must have the 2 periods of 1-5 am. Satisfied by Sunday morning. The next restart you can take is 168 hours fro 6 pm on Friday. In other words, the following Friday at 6 pm.

 

its not about the number hours logged on duty.

Your example is right on. Friday at 4, back allowed with a fresh 70 at 0500 sunday. You being strictly M-F would definately meet the 1-5am provision. Only as long as there has been 168 hours (on and off duty combined)between the beginning of your last restart and the beginning of your next.
Meaning you couldnt begin one at say 3 pm the next week, but in your example you are off far more than 34 so it doesnt matter anyway.Because there are three periods of 1-5. You are covered.

technically you have your restart time from 7p on friday to 5a on sunday. But can have time added to either side of that without violation.

 

If you are really that concerned with it hire a lawyer to look over your logs from the past month. The CFR 49 Chapter III, Subchapter B, Part 395.1 to 395.15 is complicated. It covers the Hours of Service. It is also one of the most cited in terms of penalties by the DOT. I would not go to the local field office and offer them anything official at all. If they find a violation they could fine you. Hire an attorney if you are concerned. He/she will also be able to tell you if what the company is doing is legal. Also DO NOT say anything to the company about the lawyer!!!!

 

Why would you waste the money?

Have a computer, buy Eclipse or Drivers Daily Log or on the phone, get Big Road app.

All are much cheaper than an attorney.

 

If you are getting in on Fri evening, you could pull off the two 0100-0500 provisions of the 34 reset before Sunday morning. Also, if you are home every Friday evening, you could do a reset every weekend. After all, you started the last reset on Friday evening, and you are allowed to start another reset 168 hrs after the beginning of the last reset, or Friday evening again.

That the company is not allowing a reset is not surprising. Many companies will not allow personal conveyance off duty with commercial vehicle either, even though it is allowed in the regulations. Some of these carriers have severely enlarged paranoia glands. Oh well. One can choose to go with that flow, or bail out and go elsewhere.

 

The attorney will say the same thing the FMCSA will say.... the carrier has the right to implement tougher standards than the regulations. This has gone on since HOS became regulated in the late 1930's. A carrier can restrict sleeper splits, resets, personal conveyance, driving time during the day, etc. Getting an attorney is a waste of time and money. But then, any decent attorney would let you know right out of the gate that you are not going to get any satisfaction.