Question about driving and working hours

Not quite correct either. The 14 hr clock counts against the 70 hr clock.

When the OP clocks in, he only has 5 legal hours of driving, regardless of what the 11 or 14 hr clocks say.

Yes he can 'work' the full 14, but after 5 hrs he has to park the truck. He can work the rest on the dock.

 

Best you ask your manager about it. If you are limited to a 11/14/70 work schedule and are not subject to some 100 miles of terminal situation he/she is going to give you one of two answers...

A.) oh my! We can't have you driving in violation. Let's talk with the office to see what we can do about your workload.

or

B.) We need to make sure all of our customers are serviced and can't have product coming back to the warehouse. You need to "make it work" on your paperwork...

You saying if you work over 12 hours a day you have to log caught my attention. I assume this is something you would do because your keeping a time card instead of a log?

Does the 100 mile radius exemption to logging still hold one to a 70 hour work week?

unloader

 

This is a great discussion, if only for one reason. Nobody can tell you the actual HOS. Not because any of us are dumb, but we have to interpret insane jargon which we all have our own interpretations of the law

 

You cannot misinterpretate numbers. 70 is 70 and 14 is 14 everywhere. We sometimes are afraid of management, it happened to me, but when the time comes, they will not back you up.

 

DOT requires companies a log in file, if the driver worked more than 12 hrs punch to punch. It has been like that for the last three companies i have worked for.

Rules apply to all cdl holders while on compensated work.

 

You've got to put in your time to get better local jobs in the future. The good local jobs want to hire those who have been loyal to a local company, shown to be team players, customer service oriented, ability to get along well with others. These are traits often lacking in the otr driver of many years. You spend so much time alone you become anti-social, awkward, inability to work with others, unable to have someone tell you what to do. So if you stick it out where you are now you set yourself up for better local jobs in the future.

That being said, a very useful post because many think a good paying local job is the holy grail. The truth is, good local jobs with decent hours are very few in most places. Usually you're either going to have to learn to sleep from 8pm to 2am and/or work 14-18 hour days, doing hard labor. Which is fine, hard work is good. Just don't be mistaken, you are a machine.

 

Irregardless of how many hours you have left of your 70, you still have a 14 hour window everyday that you have hours. Every. Day. Even if you had 2 hours left of your 70 on Friday, you have 14 hours in which to complete those 2 hours.

 

the op wanted to find the actual rules, that is 395.1.

 

First things first, the OP stated "TDOT." So, is it true he is subject to intrastate rules only and if so are those rules different from the federal rules? Aside from that, a whole lot of people need to re-familiarise themselves with the FMCSA rules and shouldn't be giving advice when they don't clearly understand the rules.

 

yes, the 11/14/70 applies to short haul... only the 8 hour break is gone, if the day begins and ends at the same terminal, within 12 hours. The company has the option of using time cards, or logs. Logs are required on any day is longer than 12 hours.

http://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations

16-Hour Short-Haul Exception §395.1(o)
For drivers of property-carrying commercial motor vehicles (CMVs) who drive locally, there is an exception to the 14-hour rule (which requires that drivers of property-carrying CMVs stop driving upon reaching the 14th consecutive hour after first coming on duty). The so-called "short-haul" exception allows these drivers to extend the 14-hour period by two hours once per week, under certain conditions.
A driver can drive a CMV after the 14th hour after coming on duty, but not after the 16th hour, IF he or she:

• Was released from duty at the normal work reporting location for the previous 5 duty tours, and
• Returns to the normal work reporting location and is released from duty within 16 hours, and
• Has not used this exception in the previous 6 consecutive days, except following a 34-hour restart.

Drivers claiming this exception remain subject to the 11-hour driving limit, but they essentially have an extra two hours in which to complete that driving.


Short-haul drivers who normally use the 100-air-mile exception and do not complete a standard grid log will have to complete a log on days when they use the short-haul exception, because they are working beyond the 12-hour limit (see the 100-air-mile-radius driver topic for more information).


https://www.drivermanagement.com/app/help/reguhelp/non-mapped/Short-Haul_Exception.htm

and once a short haul driver goes over 12 hours in a day he hs required to take a 30 minute break....

§ 395.1 Scope of rules in this part.
Question 33. If a driver using either short-haul exception in § 395.1(e) finds it necessary to exceed the exception limitations for unforeseen reasons, is the driver in violation of the § 395.3 rest break provision if more than 8 hours have passed without having taken the required rest break?
Guidance. No. A driver using a § 395.1(e) short-haul exception who finds it necessary to exceed the exception limitations for unforeseen reasons, is not in violation of the § 395.3 rest-break requirements if 8 or more hours have passed at the time the driver becomes aware of the inability to use the short-haul exception. The driver should annotate the record-of-duty-status to indicate why the required rest break was not taken earlier, and should take the break at the earliest safe opportunity.


If the CDL driver goes beyond the 100 air-mile radius, or is on duty for more than 12 hours, then the driver must complete a record of duty status (log book) for that day. In addition, the driver would also be subject to the rule that prohibits driving a commercial motor vehicle after 8 hours on duty until the driver has a break of at least 30 minutes.
This new guidance says that when a CDL driver exceeds the 12 hours on duty, or the 100 air-mile radius, for “unforeseen” reasons, the driver does not violate the rule even if s/he has driven a CMV beyond 8 hours on duty without a break. The driver should complete a log book and take a break as soon as s/he determines that the exemption is no longer available.
http://www.weldingandgasestoday.org...ort-haul-exemption-from-30-minute-break-rule/