Am I wrong?
Discussion in 'Trucking Industry Regulations' started by jhguitar87, Mar 10, 2017.
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Qualcomm begs to differ. 8 hours after coming on duty I better take 30 off. Driving or sitting in the truck while loading/unloading. No matter what.
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you are wrong
It's not about driving time it's about on duty time you must do a break before eight hours on the button is okay you log off Duty you didn't you went for a post-trip on duty you're in violation -
He doesn't know how to read regulationstucker Thanks this.
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you are the wrong one here, it is all about the driving.
if a driver wants to drive past the 8 hour mark after starting their 14 hour clock, they must show a 30 minute rest break.
if they will not be driving after the 8 hour mark without having shown a 30 minute break there would be no violation regardless of duty status (barring driving status). -
I believe the OP is saying he stopped driving 8 hours after going on-duty and then did his post-trip. By which, he meant that he was no longer driving. If that is true, he is correct and he was not in violation. Only driving time, not on-duty time, is affected by the 30-minute rest break. A driver could work on-duty (not driving) for 10 hours straight and not be in violation. If the OP wanted to drive again before his 11/14 expired for the day he would need to take a 30-minute break.
§395.3 Maximum driving time for property-carrying vehicles.
(a)(3)(ii) Rest breaks. Except for drivers who qualify for either of the short-haul exceptions in §395.1(e)(1) or (2), driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.
- http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.395#se49.5.395_13 -
Suggest you reread the regulations
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The regs clearly state the 30 minute break is only mandatory if the driver desires to drive past the 8 hour mark and does not have a qualifying 30 minute break prior to the 8 hour mark.
In this case the driver's previous qualifying 30 minute break was the 10 hour plus break preceding 0200AM. In order to drive past 1000AM he would have to take or had taken a 30 minute break since 0200AM.
in order to go On Duty, there is no requirement to conduct a 30 minute break for the posttrip.
So his day will look like--
0200 -0215- 15 minute On Duty
0215-1000- Driving
1000-1015-On Duty
1015-- Off Duty or On Duty or Sleeper so long as he doesn't DRIVE before taking a 30 minute break before1600.
Conversely, he could have started his day On Duty 0200AM and stayed On Duty til 1015 On Duty and there is no violation.not4hire Thanks this. -
Actually, I get paid hourly and what they were hinting at was I needed to edit my paperlogs to show a 30 minute break so they could screw me on my pay. ########
NavigatorWife, not4hire and scottied67 Thank this.
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