70 hour rule and Military Service?

HEre is your answer straight from the Federal DOT Book

Question 28: How should time spent at National Guard meetings and training sessions be recorded for the hours-of-service requirements?

Guidance: A member of a military reserve component, serving in either an inactive duty status, such as weekend drills, or in an active duty status, such as annual training, may log that time as "off-duty time" regardless of whether such duty time is paid or unpaid. This is consistent with the rights and benefit entitlements provided in the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.)

 

It's your lucky day, I just happened to be at the ex's for a few. l.o.l.

Have a great day and I hope you find out exactly what you want to do!

 

LOGSRUS is correct. Any work performed for active military is off-duty. Active duty military are exempt from the rules.

But if you had a part-time job as a house painter, or a bartender, that time must be logged as line 4 and the rules for proper rest apply. In addition, if you worked for 2 different carriers, you must show both carriers the time you worked for the other and the rules for legal rest apply. The rules for this are that you show the opposing carrier work time on line 4, or you present a copy of each other carriers logs to the opposing carrier with the second way being predominant.

 

Isn't there a difference between "active" military and being a member of the National Guard? You can be a member of the National Guard, but unless your unit has been "activated", you are not on "active" duty?

So that would apply to state emergencies, forest fires, hurricanes, Iraq, etc?

 

Active military is inclusive of reserves while serving their monthly and summer time, and when they are called out by their governor............except in Illinois where you can't trust anything said by the governor.

 

The rule did not change. The rules effective October 01, 2008 are exactly the same. The rule should be 383.3 in the CDL standards. This rule exempts military personnel from having a CDL. If you don't need a CDL, then logs and hours of service rules are inapplicable because you are only required to log under CDL conditions. Therefore you log the military time as off-duty once the CDL becomes applicable when you return to your regular driving duties. This then excludes military time as duty time under the definition of duty time in part 395 and may be logged as off duty once the driver returns to normal work.

Yep, I was right Re. 383.3............this is the rule effective 10/01/2008

Sec. 383.3 Applicability. (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. (b) The exceptions contained in Sec. 390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in Sec. 390.3(f) must comply with the requirements of this part, unless otherwise provided in this section. (c) Exception for certain military drivers. Each State must exempt from the requirements of this part individuals who operate CMVs for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; member of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.

Here's the interpretation as well. It took me a while to find it because it falls under the United States Code (USC), not the Code of Federal Regulations (CFR) under the Military Services Act & I had to bounce a few places to find the interpretation/guidance.

Guidance: A member of a military reserve component, serving in either an inactive duty status, such as weekend drills, or in an active duty status, such as annual training, may log that time as "off-duty time" regardless of whether such duty time is paid or unpaid. This is consistent with the rights and benefit entitlements provided in the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.)

In addition, here's the 383 rule as of 10/01/2008d)

Exceptions. This part shall not apply to employers and their drivers: (1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or (2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel

The rule is legally permissive for the military. Nothing in the rule says that the Navy cannot require you to log it etc. However if the Navy wishes to invoke the permissive allowance it is OK to do so. However the rule should be absolute in Re. a motor carrier because of the Military Services Act (an act is the actual law). If your employer/motor carrier required you to log this as duty time they were incorrect, and they should not have required this.

 

So basically you're saying that since the driver is not required to have a CDL then no rules or regulations from the FMCSA apply? Can you find where the regulation talks about military being exempt due to national sercurity? Thanks.