Do HOS Rules Apply When Driving 100% Off-Road?

Lurchgs, HOS can not be enforced on private property. I can drive the 11 hours on the road and get back to my company yard and jockey trailers for 8 hours logging the 8 all on line 4. As long as I do not have go on any type of public road HOS for driving hours does not apply.

Mark

 

Mark: I as well thought it was on-duty but I just happened to read the below Q & A again a few minute ago (looking up something else). I wonder however if they didn't make a mistake. Maybe someone could look it up in the actual book and see what it says.

Question 9: A driver drives on streets and highways during the week and jockeys CMVs in the yard (private property) on weekends. How is the yard time to be recorded?

Guidance: On-duty (driving).

Notice they are saying on-duty (because driving is on-duty time) but stating driving. It's confusing, why they don't just say on-duty not driving or driving

 

LogsRus, then way can a shipper / receiver call the cops and have you forced to leave their property with no driving time? I have been told by PA DOT and federal DOT that the rules stop on private property.

Mark

 

The customers do not have to allow you to rest there. If they do that's pretty nice of them. That's another subject in it self. They should be responsible in my opinion. I mean you are hauling their freight and I would assume they want the freight there in one piece. But many don't have space etc. There is a topic in regulations on this very subject well maybe 4 days ago.

When you are at a customer you can log on line 4 or go to the sleeper while they are actually loading/unloading you.

Again I thought you was right and it was on-duty when you was at the yard working, but that says it's driving. It could be a typo as I see several on the website. I copied and pasted exactly what it says on the DOT website

 

FMCSA HOS rules generally apply only to vehicles/drivers operating in INTERstate commerce.
For INTRA state ops, the state will have the rules of importance.

I doubt very much that FMCSA HOS rules end on someones property.
When you're on private property loading/unloading, the HOS clock continues to tick away.
The type of road doesnt matter either.
If you had 12 miles of dirt road to make delivery or pickup, HOS applies as long as you're involved in Interstate commerce.

 

Okay,On Rods behalf,I emailed his question to the Oregon DOT.Got an answer back this morning.No,he does not have to abide by the HOS rules or safety regulations for a CMV.I'll quote what he said.

If a driver operates on a surface normally accessible to the motoring public,then the safety regulations including hours of service apply.If the road or property is closed to public access,then the hours of service rule and CMV safety regulations are not applicable. End quote.

So from the words of the Oregon DOT,your free to work as many hours as you want.No logbook,nothing.You'll be working on a road that will exclude public access.Even when the road is completed,since it is a forestry road,it may never have public access.Official use only.Good luck with those long hours.

 

That's right if it's property that the public does not use there's no requirements other than OSHA and maybe a few others. But no FMCSR UNLESS he gets down from that type of or drives that truck on the road then he must show his on duty hours he worked before he even gets started. It's like the same example if you were flipping hamburgers. You'd have to show your hours worked. See §395.2 Definitions for ON DUTY TIME (9) On duty time means performing any compensated work for a person who is not a motor carrier.

So as long as he never comes arcoss a road or has another job no FMCSR would apply. But the very second he comes on a road that the public uses he'd have to show his on duty time.

 

Even if you are a short haul driver and not using logs you still have to report your "on duty not driving" so the company does not exceed 70 hours. That includes anything you do that you get paid for. You could be flipping hamburgers and that time would be reported.