Is it against regulations to log only "On duty, not driving" after the 70 hour rule? If not, you can still take the 34 hour restart like normal, right?
70 hour question.
Discussion in 'Trucking Industry Regulations' started by Owner's Operator, Nov 10, 2008.
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After 70 hours, you can log as many hours "on duty, not driving" as you want. You just can't drive unless you do a 34 hour reset.
gearjammer-2000 and psanderson Thank this. -
It is a violation to log ANY on duty hours after you have worked 70. You are allowed 70 total hours in 8 consecutive days.
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A careful examination of the 70-hour rule at 395.3(a)(2) states that: " The carrier shall not permit or authorize, nor shall any driver drive...........after having been on duty for 70-hours in any 8 consecutive days". Once you have carefully examined the rule you will realize that after the 70th hour you may not DRIVE but you can WORK for an additional 70, 80, 90, or 100 hours on line 4 so long as you weren't DRIVING after 70.
What does the rule say you can't do after 70-hours? The rule clearly tells you that you can't DRIVE. Nowhere in the rule does it say you can't work after 70-hours. SEE BELOW. I have pasted the applicable rule and highlighted the applicable parts.
And yes, once you take your restart you start again at zero so long as you rest for 34-continuous hours. A simple definition of the word rest in this instance should be "do not work"
Sorry Grizzly but you are wrong!!!!!!
From a retired federal DOT officer.
[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR395.3] [Page 462-463] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 395_HOURS OF SERVICE OF DRIVERS--Table of Contents Sec. 395.3 Maximum driving time for property-carrying vehicles. Subject to the exceptions and exemptions in Sec. 395.1: (a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle: (1) More than 11 cumulative hours following 10 consecutive hours off duty; or (2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property- carrying driver complies with the provisions of Sec. 395.1(o) or Sec. 395.1(e)(2). (b) No motor carrier shall permit or require a driver of a property- carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after-- (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. (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or (2) Any period of 8 consecutive days may end with the beginning of any off- [[Page 463]] duty period of 34 or more consecutive hours. [70 FR 50073, Aug. 25, 2005]Last edited: Nov 10, 2008
gearjammer-2000 and grizzly Thank this. -
Well, I stand corrected. Thank you.
psanderson Thanks this. -
Ok, thanks guys. That is what I thought. That you can "work" as many hours as you want just not drive.
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You can also work more than 14 hours a day as long as you don't drive over 11 without taking the required 10 hour break .
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You can work 24 hours a day, and drive 11 as long as the 11 are within 14 hours of when you start. But who wants to do that? It's drive up to 11 hours within 14 hours of when you start.psanderson Thanks this.
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OK, let me throw a "twist" into this...
what is bobtailing? -
That's driving your tractor around without a trailer.
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