Hours of Service Question...
Discussion in 'Questions From New Drivers' started by yankeefan, Oct 3, 2015.
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How can I get that information that should pertain my company?
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I work different schedule M-S and Sundays off. For example:
Mon start at 3 am until 2 pm
Tue start at 5 am until 2-3 pm
Wed start at 5 am until 2-3 pm
Thurs start at 3 am until 5 pm (stay in hotel)
Fri start at 4 am until I get to the company at usually 1:30 pm
Sat start at 5 am until 3 pm
How would this schedule fall with any of the HOS? -
All the info you need is right here.
https://www.fmcsa.dot.gov/regulations/title49/section/395.3
Regs 395.3
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. -
From the Guidance for § 395.3: Maximum driving time for property-carrying vehicles.
Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance: Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.
Question 2: Does a driver, employed full time by one motor carrier using the 60-hours in 7-days rule, and part-time by another motor carrier using the 70-hours in 8-days rule, have the option of using either rule in computing his hours of service?
Guidance: No. The motor carrier that employs the driver on a full-time basis determines which rule it will use to comply with §395.3(b). The driver does not have the option to select the rule he/she wishes to use.
Question 3: May a carrier which provides occasional, but not regular service on every day of the week, have the option of the 60 hours in 7 days or 70 hours in 8 days with respect to all drivers, during the period in which it operates one or more vehicles on each day of the week?
Guidance: Yes.
https://www.fmcsa.dot.gov/regulations/title49/section/395.3?guidance
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You're getting 10 hour breaks and a 34 hour reset. What's the problem? Your company is on the 70/8. If you don't like the hours, see if they'll work with you or find another job.
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They don't operate motor vehicles every day of the week so they can't be on 70/8 if I'm understanding the laws correctly.
yankeefan Thanks this. -
What if you work for a company that has both a local and OTR fleet? The OTR trucks run 7 days a week but the local guys work only Monday through Friday. Then which rule do you use as a local driver who sometimes needs to venture outside the 150 radius and needs to keep a logbook?yankeefan Thanks this.
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My advice is to contact company safety people and find out what they want.
yankeefan Thanks this. -
The way I understand it, if the operating company has trucks running every day of the week they can choose between 60/7 or 70/8.
It doesn't specify different departments in the company.yankeefan Thanks this.
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