Cargo Van HOS/Scale Question

Discussion in 'Trucking Industry Regulations' started by Jeepwj02, Jun 15, 2009.

  1. Jeepwj02

    Jeepwj02 Light Load Member

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    Hello. I have read around and I need someone to make sure im clear on the HOS/Scale


    Van driver under 26,001 pounds does not have to log nor have to scale correct?

    Driver hauling a placard amount of hazardous material MUST log and obey the 14 hr rule and scale regardless of weight right??

    Time is ticking down ( a week ) till I start expediting with Panther and I wanna make sure I have my info in order.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Van driver UNDER 10,001 lbs. not 26,001 lbs.

    If the sign says commercial vehicles must enter, that is what you are.
     
  4. Jeepwj02

    Jeepwj02 Light Load Member

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    alright sounds good


    but I read somewhere that I wouldnt have to scale. But it does make sense if your commercial you have to scale.


    THANKS !
     
  5. Roadmedic

    Roadmedic Road Train Member

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    In the state of Illinois, the sign says trucks over 16,000 lbs must enter scale.

    Definition of truck in most states is commercial with bill of lading.
     
  6. RickG

    RickG Road Train Member

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    Are you going to be running cargo van for Panther ? IrunU ran cargo van for them for a while . She said the cargo vans don't run amounts of hazmat requiring placards . Now if you run a van and ever do have to log here's something many van drivers trip up on . Part of logging requirements are showing the hours on duty the last 7 days . It isn't that difficult . The time you drove a van not requiring logging in the past 7 days is not logged as driving but is included in the on duty time . You only log driving when operating a CMV . I worked for a company where I had a company F-350 assigned to me as a supervisor but I also drove large trucks to jobsites . Driving the F350 was logged as on duty and was permissible after the 70 hours in 8 days . It's kind of crazy . It isn't safe to haul freight after 70 hours but we had guys working 12 hour days for 2 or 3 weeks straight then and the end of the job they'd drive a 15 passenger van full of workers 200 - 300 miles home . Often someone else would drive my pickup home while I got paid to sit in a hotel and get hours back to drive a truck back to the shop .
     
  7. dieselbear

    dieselbear Road Train Member

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    Jeep,

    What size truck are you driving? If it is 10,001 lbs or more and used in commerce you will need to comply with the CFR Title 49. Are you intra-state or inter-state? You will need to comply with whatever State or State's you are running through for scales. Some State's are any vehicle over 5 tons (hence the 10,001 lbs) and some State's are like roadmedic posted.

    For hours of service what does your company require if you are under the air mile exemption? Depends on the GVWR of the vehicle you are driving, if your vehicle does not require a CDL, which means single unit under 26,000 lbs or combination under 26,000 lbs with trailer under 10,000 lbs, and you're operating within 150 air miles you are exempt from logging but have to comply with 395.1 for short haul exemptions. If your vehicle requires a CDL and you meet all the criteria under 395.1 for short haul exemptions you have to operate under 100 air miles.

    For example, some drivers are local driver's but their company requires they run a log book for a number of reasons. 1) they don't return to the normal work reporting location within 12 hours, 2) they operate beyond 12 consecutive hours or 3) the company does not keep true and accurate time records for 6 months. Below I will post the short haul exemption and remember you must comply with each and every part, 5 to be exact. Also remember this, if you are under the local exemption but go beyond the 12th hour, you need a log book for that entire day and you need to make it retroactive. Most people do not realize this. Anyway here it is.

    e) Short-haul operations

    (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:

    (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;

    (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

    (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

    (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

    (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or

    (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

    (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

    (e)(1)(v)(A) The time the driver reports for duty each day;

    (e)(1)(v)(B) The total number of hours the driver is on duty each day;

    (e)(1)(v)(C) The time the driver is released from duty each day; and

    (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

    Here's an interpretation:

    Question 21:

    When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?


    Guidance: The driver must only have in his/her possession a record of
    duty status for the day he/she does not qualify for the exemption. A driver must begin to prepare the record of duty status for the day immediately after he/she becomes aware that the terms of the exemption cannot be met The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.


    Here is the 150 air mile radius driver for non-CDL required vehicles (if under 26,000 lbs)

    (e)(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver’s license.
    Except as provided in this paragraph, a driver is exempt from the requirements of §395.3 and §395.8 and ineligible to use the provisions of §395.1(e)(1), (g) and (o) if:

    (e)(2)(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver’s license is not required under part 383 of this subchapter;

    (e)(2)(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;

    (e)(2)(iii) The driver returns to the normal work reporting location at the end of each duty tour;

    (e)(2)(iv) The driver has at least 10 consecutive hours off duty separating each on-duty period;

    (e)(2)(v) The driver does not drive more than 11 hours following at least 10 consecutive hours off duty;

    (e)(2)(vi) The driver does not drive:

    (e)(2)(vi)(A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and

    (e)(2)(vi)(B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;

    (e)(2)(vii) The driver does not drive:

    (e)(2)(vii)(A) After having been on duty for 60 hours in 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week;

    (e)(2)(vii)(B) After having been on duty for 70 hours in 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week;

    (e)(2)(viii) Any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

    (e)(2)(ix) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

    (e)(2)(ix)(A) The time the driver reports for duty each day;

    (e)(2)(ix)(B) The total number of hours the driver is on duty each day;

    (e)(2)(ix)(C) The time the driver is released from duty each day;

    (e)(2)(ix)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

    Hope this helps you jeep.
     
    Baack and Pawnd Thank this.
  8. lil may

    lil may Road Train Member

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    I am with Panthe first in a cargo van now in a streight truck no logs no scale no placards the only5 hr break after 16 hrs
     
  9. Roadmedic

    Roadmedic Road Train Member

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    I believe this will change as states look for more revenue. A straight truck has a higher weight rating than my pickup and they require logs on it. Many of the states require me to cross scales even when no load is on it.
     
  10. dieselbear

    dieselbear Road Train Member

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    How big is the truck? Is it over 10,000 lbs?
     
  11. Roadmedic

    Roadmedic Road Train Member

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    I see many of these expediter trucks drive by the scales. They exceed my vehicles weight even when I am hauling a camper.

    How come you guys come after us, but leave them alone?
     
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