HOS

He can't take the reset. But he doesn't need it. His hours don't exceed the allowable hours. You're thinking from a 70/8 stand point.

The week does reset however..per the same ruling citied earlier. Say for instance, his week ended at 1800 on Saturday, and he came back to work at 0800 on Monday.

 

You can take a 34 reset anytime. You can work 4 straight days and then take 3 off and then you have a reset.

 

You're welcome . HOS can be confusing , especially if you ask for help on the C.B. and internet . I'm sure your thanks are appreciated . A lot of people don't bother .

 

Actually you can get a reset in a day and a half . 34 hours . Go off duty 6 p.m. Saturday and you can drive anytime after 4 a.m. Monday . I know many drivers that would be happy to get 3 days off but get in Friday night and leave Sunday morning .

 

I know that. I was just using a simple example to illustrate it. Most of the time I try for a 36, in case I get dispatched to Canada.

 

In this case the 34 hour reset would be allowed & count if the driver has a 34 period off.

The only way it couldn't be used was if the driver was over on their total hours (60/7 day or70/8 day) then they'd have to go off duty & the 34 clock wouldn't start until the driver had accumulated enough off duty time to get under the 60/7 or 70/8 rules.

As far as I know, there is no difference in using a 34 hour reset between the 60/7 & the 70/8 clocks.

 

We had a ruling from the Federa dot concerning the being over hours and the 34 hour restart. We would be way over hours doing the Fema loads and then when we would revert to normal, it was thought to be the way you described. However, the federal DOT advised the standard 34 hour break reverted the hours available back to 70.

 

LURCH: If he takes the second Sunday (which he shows as off/today) and part of the Second Monday (tomorrow) off (34-hours) then he starts at 0 when he returns to work.

The 60/7 & 70/8-day rules at 395.3(b)(1) and (2) states simplistically that a carrier shall not permit or authorize, nor shall any driver drive after having been on duty for:
1. 60-hours in any 7 consecutive days for a carrier that does not operate every day of the week, or,
2. 70-hours in any 8-days if the carrier operates every day of the week.

This means that if the carrier does not operate every day of the week that carrier must require their drivers, and that this carriers' drivers must use the 60-hour rule.

Right now he is at 59 hours on both rules. If the carrier operates every day of the week he will use the 70-hour rule and work his 8 or 9 hours he is asking. But if the carrier does not operate every day of the week, and being that he is at 59 hours within the previous 7-days he is only allowed to drive 1-hour tomorrow. This is not to say he can't work (as in working on the dock or sweeping the floors etc.) more than 1-hour, but he can only DRIVE 1-hour. He can work for the next 20 days but cannot DRIVE more than 1-hour on the 60 rule. But before he can DRIVE again he must have at least 34-hours of rest (which after working 20 days he would want anyway).

If the carrier operates every day of the week the driver may use either option but with the 34-hour restart I can see no way of a driver using, or having any advantage by using, the 60/7-day when the carrier operates every day of the week.

The rule is explicit when it comes to a carrier that does not operate each and every day of the week.

I don't know how to explain it any more easily. If you send me a personal with your phone & a time to call you I can probably explain it better but you'll need a copy of the rules when I call

 

psanderson - right. I've got it. I'm just trying to wrap my mind around your statement that he'd not be able to work Monday (Tomorrow) if he's held to the 60/7 rules - assuming, as is in this case - the 34 is not an option