No log book

Discussion in 'Questions From New Drivers' started by red562, Sep 3, 2015.

  1. red562

    red562 Bobtail Member

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    Apr 27, 2015
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    I work in a fabrication shop. We have a truck and low boy trailer we use to transport material or machines to job sites maybe once or twice a month always within 50 miles. I work in the shop and drive the truck when needed. Should I be keeping a log? I will usually get one and do the last seven days if I know I'm going any further than.
     
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  3. G/MAN

    G/MAN Road Train Member

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    As long as you stay within 150 mile radius of your home base and don't cross state lines you should not need a log book.
     
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  4. Blackshack46

    Blackshack46 Road Train Member

    And punch the clock each day. Stay out one night and you need a log book. Keep it under 150 miles.
     
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  5. TheHodag

    TheHodag Light Load Member

    Under 150 air miles and within the same state, you don't need a log book. If you ever intend to run further, of course, you will need a log book and the previous 7 days in hand. It never hurts to develop good habits, though.
     
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  6. red562

    red562 Bobtail Member

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    Apr 27, 2015
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    Thanks for the reply. I heard that and forgive my ignorance I went to one of the crappy trucking schools. My question is when I go threw the scale how to they know my home base. I know it just not sure how to prove it.
     
  7. KeithT1967

    KeithT1967 Road Train Member

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    Springfield, Ohio
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    There is an air mile exception log book available. It has 7 days on each page and you just fill it out with your working hours for each day. At the bottom of each day is a box to check in the event you need to fill out a regular log sheet. Then you just keep that log sheet with your logbook for 7 days. IF you even need to be logging you MUST have a legal duty status record in the truck for the past 7 days. Telling a scalemaster or Officer on the side of the road that your time clock is in the office doesnt fly. A former co-worker got a 10 hour OOS for exactly that, and it didnt start till he filled out a legal log. I was close and had to stop for a fax of his time sheet and take that and a set of logs to him. Which got me a level 1 inspection.
     
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  8. red562

    red562 Bobtail Member

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    Apr 27, 2015
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    Thanks that's what I wanted to know. I'm in California so I guess I have been lucky. Again my ignorance just believing the boss telling me to "grab the truck and drive your not going far".
     
  9. JJKid

    JJKid Medium Load Member

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    Aug 17, 2014
    Chicago, IL
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    My company does it like this -

    They provide a "local time sheet within 100 air mile radius" from the terminal. So anything within 115 miles (100 air mile raidus) from South Holland, IL is acceptable. So, I can go into Indiana, Michigan or Wisconsin just a bit on my time sheet and i'll be OK. Anything after 115 miles, I have to log it as if I'm doing a regional load.

    However, if a regional guy is doing local for the day, they are to log it "on duty/not driving" in a straight line.

    FYI - You want to have some sort of record! Just simply telling the officer " I'm local, I started on so and so will not fly with them" ! They will put you OOS for 10 hours.
     
  10. not4hire

    not4hire Road Train Member

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    Holy wrong information you've been given.

    1. It's a 100 air-mile radius. Oops, one other person gave you the right answer on that.

    2. State lines don't matter. The exemption is contained in the "interstate" (FMCSA) regulations; therefore it is applicable to interstate commerce. If you were staying within your home state only and the commodity is not interstate commerce then your home state rules would apply. They may be the same as the federal rules, or they may not. Check.

    3. No, a log is not required so long as your company keeps time records according to the regulations. Nor are you required to keep any other form of record with you. Enforcement officers deal with this all the time--ignore the horror stories. Even if you were to exceed the exemption by either distance or time, you will only need the log for that day and no other.

    (e) Short-haul operations —(1) 100 air-mile radius driver . A driver is exempt from the requirements of § 395.8 if:

    (i) The driver operates within a 100 air-mile radius of the normal work reporting location;

    (ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

    (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

    (B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

    (iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in § 395.3(a)(3) following 10 consecutive hours off duty; or

    (B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

    (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

    (A) The time the driver reports for duty each day;

    (B) The total number of hours the driver is on duty each day;

    (C) The time the driver is released from duty each day; and

    (D) The total time for the preceding 7 days in accordance with § 395.8(j)(2) for drivers used for the first time or intermittently.

    http://www.fmcsa.dot.gov/regulations/title49/part/395


    Question 12: What constitutes the 100-air-mile radius exemption?

    Guidance: The term “air mile” is internationally defined as a “nautical mile” which is equivalent to 6,076 feet or 1,852 meters. Thus, the 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.

    Question 13: What documentation must a driver claiming the 100-air-mile radius exemption (§395.1(e)) have in his/her possession?

    Guidance: None.

    Question 14: Must a motor carrier retain 100-air-mile driver time records at its principal place of business?

    Guidance: No. However, upon request by an authorized representative of the Federal Highway Administration (FHA) or State official, the records must be produced within a reasonable period of time (2 working days) at the location where the review takes place.

    Question 15: May an operation that changes its normal work-reporting location on an intermittent basis utilize the 100-air-mile radius exemption?

    Guidance: Yes. However, when the motor carrier changes the normal reporting location to a new reporting location, that trip (from the old location to the new location) must be recorded on the record of duty status because the driver has not returned to his/her normal work reporting location.

    Question 16: May a driver use a record of duty status form as a time record to meet the requirement contained in the 100-air-mile radius exemption?

    Guidance: Yes, provided the form contains the mandatory information.

    Question 17: Is the “mandatory information” referred to in the previous guidance that required of a normal RODS under section 395.8(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)?

    Guidance: The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

    Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.

    Question 18: Must the driver’s name and each date worked appear on the time record prepared to comply with §395.1(e), 100-air-mile radius driver?

    Guidance: Yes. The driver’s name or other identification and date worked must be shown on the time record.

    Question 19: May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)?

    Guidance: Yes. Drivers who work split shifts may take advan-tageofthe100-air-mileradiusexemption if:1. The drivers operate within a 100-air-mile radius of their normal work-reporting locations; 2. The drivers return to their work-reporting locations and are released from work at the end of each shift and each shift is less than 12 consecutive hours; 3. The drivers are off-duty for more than 8 consecutive hours before reporting for their first shift of the day and spend less than 12 hours, in the aggregate, on-duty each day; 4. The drivers do not exceed a total of 10 hours driving time and are afforded 8 or more consecutive hours off-duty prior to their first shift of the day; and 5. The employing motor carriers maintain and retain the time records required by 395.1(e)(5) .

    Question 20: May a driver who is taking advantage of the 100-air-mile radius exemption in§395.1(e) be intermittently off-duty during the period away from the work-reporting location?

    Guidance: Yes, a driver may be intermittently off-duty during the period away from the work-reporting location provided the driver meets all requirements for being off-duty. If the driver’s period away from the work-reporting location includes periods of off-duty time, the time record must show both total on-duty time and total off-duty time during his/her tour of duty. In any event, the driver must return to the work-reporting location and be released from work within 12 consecutive hours.

    Question 21: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

    Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

    Question 22: A driver returns to his/her normal work reporting location from a location beyond the 100-air-mile radius and goes off duty for 7 hours. May the driver return to duty after being off-duty for 7 hours and utilize the 100-air-mile radius exemption?

    Guidance: No. The 7-hour off-duty period has not met the requirement of 8 consecutive hours separating each 12-hour on-duty period. The driver must first accumulate 8 consecutive hours off-duty before operating under the 100 air-mile radius exemption.

    http://www.fmcsa.dot.gov/regulations/title49/part/395?guidance
     
    Last edited: Sep 3, 2015
  11. JJKid

    JJKid Medium Load Member

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    Aug 17, 2014
    Chicago, IL
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    Hey not4hire, great information.

    I just keep a log anyway as I am not a local driver. I do log it on duty/not driving (line 4) when I work local that day though. I do have friends that work local in the same company that I do and they just use that time sheet religiously. I guess you do not need to show any documentation when you are within 100 air mile radius but my company likes to play it safe I guess.
     
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