34 Hour Restart

Discussion in 'Trucking Industry Regulations' started by LogsRus, Jun 4, 2007.

  1. psanderson

    psanderson Road Train Member

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    It would be off duty assuming you had no trailer, and were not under the control of the carrier. But you still must report the miles on your document where you report your miles driven under IFTA. One suggestion however would be that you show the IFTA miles as personal use miles. That way when the carrier is audited by the state(s) by IFTA or the FMCSA, there would be a reasonable explanation why there were more miles on the mileage report than on the log. That way the IFTA taxation people from the individual states get their money, & the FMCSA cannot accuse you or the carrier of falsification of the RDS.

    Remember, IFTA rules say the odometer reading on the milage report must be consecutive. This not only means state to state, but day to day as well. I know of a carrier in Buffalo, NY that was fined $54,000.00 plus the tax on a bunch of unreported miles by the IFTA people in NY, and Ontario, Canada. The O/O's, mostly Canadian, would take an M T trailer from Buffalo home with them to Ontario. They'd drop the trailer at that truck stop along Lake Ontario on the QEW, then bobtail home sometimes 30-miles one way & not report those miles. The carrier because of contractual agreement split the fine & taxes (the carrier paid the first $25.00 of the taxes by contractual agreement but none of the fine) between the O/O's that failed to report all their miles.
     
    Last edited: Dec 22, 2008
    rubbergearsnextyear Thanks this.
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  3. slingblade07

    slingblade07 Light Load Member

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    :biggrin_25516:
    I quoted in my post what you said, and you said that lines 3 and 4 are figured into the 14 thats why I said it was somewhat misleading, the way you worded it, it sounded like if you took a break on lines 1 or 2 it wouldnt figure into the 14.
     
  4. psanderson

    psanderson Road Train Member

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    Sorry if I confused you
     
  5. slingblade07

    slingblade07 Light Load Member

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    Didnt confuse me, maybe someone else,
     
  6. rubbergearsnextyear

    rubbergearsnextyear Heavy Load Member

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    so you'd still put all the miles in the milage portion of the logs, do you just flag a remark stating x amount of miles were driven off duty?
     
  7. patriotforyou

    patriotforyou Bobtail Member

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    Dec 11, 2008
    Amarillo, TX
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    driving is defined as being behind the controls of a commercial motor vehicle? Depends on the mood of the state trooper? This is another reason why I am fighting for removal of the 34 hour restart requirement? (see my other thread about civil rights)?

    I never drive anywhere on a 34 hr restart (bobtail), because you can't give state police your opinion? They do not run a democracy. So you can drive a rental car (if it is a non-commercial vehicle), but not bobtail? Welcome to the wonderful world of the FMCSA?
     
  8. lostNfound

    lostNfound Road Train Member

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    Huh? Who said you can't bobtail on your 34 and log it as personal use if it is qualified as such? I do it all the time.
     
  9. bangngears

    bangngears Medium Load Member

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    that dont mean it is right :biggrin_2552:
     
  10. lostNfound

    lostNfound Road Train Member

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    Show me where it says it isn't.
     
  11. rubbergearsnextyear

    rubbergearsnextyear Heavy Load Member

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    It would be nice if they'd get rid of the 70 hr rule, I agree. Just let you drive 11 in 14 take a ten and do it all over til you go home. However, at times the 34 can be kinda cool if you're in the right area(s) of the country:biggrin_25525:
     
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