HoS Question/Passenger Carrying

Discussion in 'Trucking Industry Regulations' started by mpossoff, Feb 23, 2014.

  1. mpossoff

    mpossoff Bobtail Member

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    Jun 2, 2009
    Westville, NJ
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    Hi I don't know if I can get and answer here since this is a question about passenger carrying. I can't find an answer anywhere else and the FMCA site doesn't give a good explanation. When I joined this forum I was a truck driver, now I'm a bus driver. But I'm sure the same principles apply.

    My first question is how are driving hours determined if you're a driver that doesn't fill out a log book, doesn't drive out of state(under 100 miles), and punches in and out with a time card?

    Thanks!
     
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  3. Mark Kling

    Mark Kling Technology Contributor

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    Have you called your State DOT and asked them?
     
  4. mpossoff

    mpossoff Bobtail Member

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    Westville, NJ
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    I've tried and it's like going through a 3 ring circus to get a person or department that can answer my question.
     
  5. Mark Kling

    Mark Kling Technology Contributor

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    Copy all of the link to get the PDF.

    http://www.google.com/url?sa=t&rct=...u4CoBQ&usg=AFQjCNEX9lPxGx-IRc9FjDuup8oP4kX1hQ


    100 Air-Mile Radius

    You are not required to fill out a log with a graph grid if you come under the 100 air-mile radius

    exception. The 100 air-mile radius exception applies for any day in which you:

    • Drive within a 100 air-mile radius of your normal work reporting location,

    • Return to your work reporting location and are released within 12 consecutive hours, and

    • Follow the 8-hour off-duty and 10-hour driving requirements. Your motor carrier must keep time records of the times you

    report for and are released from work each day, and the total hours on duty each day. You do not have to have these records in your vehicle.

    This exception is optional. For example, you and your employer may choose to use a logbook even though you are within the 100 air-mile radius, so that you do not have to be released from work within 12 hours that day.


    This regulation is found in Section 395.1(e)(1).
     
  6. Saddletramp1200

    Saddletramp1200 Road Train Member

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    I know a bus driver. She drives 12 hours, 2 days a week. I think that is too much, but I stay quiet. Class B is all you need for a bus. She lives close to me. She asked one time if She could drive my truck. Can you use a 18 with overdrive, in each gear? My bus is automatic. Long story short. 5 gears, flip a switch & do it again. She loves it. I was nervous. :)
     
  7. John Miles

    John Miles Medium Load Member

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    Monroe, NC
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    I used to work that kind of shift also ... but it seemed to me that even if you stayed within the 100 mile radius, you still had to keep logs if you crossed over a state line.
     
  8. mpossoff

    mpossoff Bobtail Member

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    Jun 2, 2009
    Westville, NJ
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    Thanks! I also have that document. One question I have is what was said in another thread was...

    My question to the above is since time cards are logs is there a way to prove or show 'on duty/not driving' in the course of your day? I work an 8 hour shift. There is 'on duty/not driving' during my 8 hours. Or is the time card the log and it's determined that since I work 8 hours it's considered driving?

    I might as well ask the other questions then.

    I work 4:30PM-1:00AM. When I punch out at 1:00AM would I be in violation if I worked OT from 5:30AM-9:30AM?
     
  9. Mark Kling

    Mark Kling Technology Contributor

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    OP mentioned that they did not cross state lines, so they would be Intra-state. If Inter-State, then yes.
     
  10. Mark Kling

    Mark Kling Technology Contributor

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    Punch in/punch out. - You do not have to show On duty/Off Duty during those hours. Now if you go over the 100 mile limit or go over state lines, you now fall under federal regs, you are required to have logs, this is to include the 7 days prior/current.

    The document pretty much says it all.

    Based upon your original post you are on a time card, Intra-State, less than 100 miles, work <=12 hour days, 10 hours driving, 8 hours off.

    "I work 4:30PM-1:00AM. When I punch out at 1:00AM would I be in violation if I worked OT from 5:30AM-9:30AM?"

    4:30 pm to 1 am = 8.5 hours
    1 am to 5:30 am = 4.5 hours
    5:30 am - 9:30 am = 4 hours

    4:30 pm to 9:30 am = 17 hours working = violation
    1 am to 5:30 am = 4.5 hours - must have 8 hours down time - Violation.


    To follow a 12 hour day you can go from 4:30 pm to 4:30 am, but not to exceed 10 hours of driving.
     
  11. mpossoff

    mpossoff Bobtail Member

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    Jun 2, 2009
    Westville, NJ
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    ok does it matter that I'm getting rest from the time I punch out at 1AM and the time I would start at 5:30AM?

    BTW we get 1/2 hour so 4:30PM-1:00AM is 8 hours, don't know if that's relevant or not.

    4:30PM-1:00AM= 8 hours(get paid for 8 not 8.5)
    1:00AM- 5:30AM= complete rest no hours(off clock)
    5:30AM-9:30AM= 4 hours

    Yes the rule says if I'm on the clock for 10 hours then I need 8 hours rest. I understand that. But I'm not on the clock for 10 hours, I'm on the clock for 8 hours.

    Again when I punch out at 1AM I'm off duty, not working. So the way I see it I'm working 4:30PM-1:00AM, then off duty/not working for 4.5 hours(at home sleeping), then working 5:30AM-9:30AM. 8 hours working, 4.5 not working(punched out), 4 hours working.
     
    Last edited: Feb 23, 2014
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