WHAT???? Every driver in this company is at their home on Sundays. So what the company's customers are open?
Hours of Service Question...
Discussion in 'Questions From New Drivers' started by yankeefan, Oct 3, 2015.
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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. -
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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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. -
yankeefan Thanks this.
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My advice is to contact company safety people and find out what they want.
yankeefan Thanks this. -
It doesn't specify different departments in the company.yankeefan Thanks this.
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