Another 34-Hour Debate?

70s_driver · Jun 2, 2014

My point is, theres no law anywhere that says an employer HAS to let you work if it will require him to pay you double time and it doesn't matter if its legal or not to drive that schedule. If he don't want to pay you double time, he doesn't have to let you work. The legality of running that schedule has nothing to do with it. Hes probably using the excuse the driver cant run that legal because he doesn't want to tell the driver that he doesn't want to pay him double time. Even if the driver shows him that its legal, he still cant force the employer to let him run that schedule.

thelushlarry · Jun 2, 2014

Wooly Rhino said: ↑

I would show them a copy of the regulations. They are written by Government workers who are known for their clearly thought out writing skills.

As they have seen the regulations, you will then need to explain what a restart is. The vast majority of truckers never take restarts. We do what is called recap. Every eighth day you re capture the time that you worked on the first day. The restart is when you need to zero out your log. Working 8 hours a day your log will never exceed 64. If you work 12 hours on the one day, you have a problem. You will be over by two hours.

What you are wanting to do is this....

8,8,8,8,8,8,12,8 This gives you 68 hours in an 8 day period which is legal.

Your problem comes in the second week. When your 8 day period will look like this.

12, 8, 8, 8, 8, 8, 8, 12 That gives you 72 hours and you are over by 2 hours.

So as much as I hate telling you that your Railroad bosses are correct they are partly.

You cannot do what you are wanting to do. You need to adjust your 12 hour day and only work 11 hours on the days you are wanting to work 12. To be on the safe side, only work 10 or less on that day.

10, 8, 8, 8, 8, 8, 8, 10 is 68 hours in an 8 day period and is perfectly legal and never requires a reset.
Click to expand...

What happens if you want to work 0 0 0 0 0 0 0 0 on the eight day 0?

dewwars · Jun 2, 2014

Thanks didn't quite catch the second 12 hour as I didn't go that far.

Now the bosses are pretty relaxed on giving OT, since the other guys work 5/12s thus having to take a restart. I just want to do 8 hours a day since there are those slight chances I may not get OT on my regular schedule work day as it may fill but easier to get OT on my regular schedule hours on my rest days since I'm first to be called being my shift. Yeah they have rules with providing OT too.

OK this has helped a lot. Now have to write this all down in an email to send to the boss.

HotH2o · Jun 2, 2014

peter_x said: ↑

I think you don't have to restart at all if you only drive 8.75 hours or less a day, which appears to be the case.
Click to expand...

It's actually a combination of driving and on duty not driving but you're right. You'll never need a reset if you stay under 8.75 hours a day.

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