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HOS Question

Discussion in 'Trucking Industry Regulations' started by BDS0111, Jul 12, 2009.

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  1. Jul 12, 2009 #1
    BDS0111

    BDS0111 Bobtail Member

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    May 27, 2009
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    Hello! Question about HOS... A friend of mine just asked me if I could advise him if a run he is sending a driver on will be legal...

    This is what he wants to do: The driver is a "contractor" driving a company furnished vehicle. The driver will depart Louisville in his personal vehicle and drive to Cincinnati. In Cincinnati he will park his vehicle and jump in a company owned F350 pickup and drive to Peoria, IL. In Peoria the driver will hook up at 22' fifth wheel trailer which will put his combination well above 10,000 GVWR. After grabbing the trailer he will head to Sioux Falls, SD. The question is when does the driver come on duty??

    The driver claims that he doesn't come on duty until he hooks the trailer up in Peoria. I believe he comes on in Cincinnati. There will also be a rider in the truck... The driver claims that if the rider drives the truck when the trailer is not hooked up to Peoria that he will still be off duty. I say that because there is no sleeper that the driver will still be on duty sitting in the passenger seat.

    Can anyone set me straight???
     
    BDS0111, Jul 12, 2009
    BDS0111, Jul 12, 2009
    #1
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  3. Jul 12, 2009 #2
    Roadmedic

    Roadmedic Road Train Member

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    The F350 has a gvw rating of over 10,001 lbs. He is a driver of the truck commercially and therefore goes on duty in Cincinnati.

    As far as on duty, there is no exception for a driver for a company in a F350. Passenger seat is on duty not driving.
     
    Roadmedic, Jul 12, 2009
    Roadmedic, Jul 12, 2009
    #2
  4. Jul 12, 2009 #3
    dancnoone

    dancnoone "Village Idiot"

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    Technically, he comes on duty in Louisville. And remains in an on duty status throughout the trip, since there is no sleeper.

    Most drivers don't log the driving time while reporting for work in their personal vehicles. But any time you are under company directive to report to work. Even on a plane, you are "on duty".

    So for ##### and giggles he will start in Cincinnati.
     
    dancnoone, Jul 12, 2009
    dancnoone, Jul 12, 2009
    #3
  5. Jul 12, 2009 #4
    Roadmedic

    Roadmedic Road Train Member

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    The personal vehicle is under 10,001 lbs and not subject to the FMCSA rules.

    But as you said, technically, he is at work.
     
    Roadmedic, Jul 12, 2009
    Roadmedic, Jul 12, 2009
    #4
  7. Jul 12, 2009 #5
    dancnoone

    dancnoone "Village Idiot"

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    LMAO...but neither is a plane. Is it?

    I ask this cuz we had a guy that worked in recovery. He was required to log all trips, as on duty LOL. Pissed him off to have to take a 10 break before leaving with the recovered truck.

    But then again, he got paid by the hour. So it really worked in his favor.
     
    dancnoone, Jul 12, 2009
    dancnoone, Jul 12, 2009
    #5
  8. Jul 12, 2009 #6
    Roadmedic

    Roadmedic Road Train Member

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    Those fall under company rules which is most cases if stricter than the DOT, they are the rule.
     
    Roadmedic, Jul 12, 2009
    Roadmedic, Jul 12, 2009
    #6
  9. Jul 12, 2009 #7
    BDS0111

    BDS0111 Bobtail Member

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    Ohio
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    This is pretty much what I thought and what I told my Buddy.

    The driver claims that driving from Cincinnati to Peoria (without the US DOT # magnets) that the truck with be a personal owned vehicle. I don't think any inspector looking at his logs will see it this way...

    Thanks for the quick responses!!!
     
    BDS0111, Jul 12, 2009
    BDS0111, Jul 12, 2009
    #7
  10. Jul 12, 2009 #8
    Roadmedic

    Roadmedic Road Train Member

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    He is trying to drive under the radar.

    It is not his vehicle. It is a company truck. Magnets or not.

    If he has an accident, he will find the truth.

    If he is pulled over for any reason, he will find the truth.

    These trucks are being looked at for revenue. I know this for a fact. I drive one pulling campers full time.
     
    Roadmedic, Jul 12, 2009
    Roadmedic, Jul 12, 2009
    #8
    dancnoone Thanks this.
  11. Jul 12, 2009 #9
    dancnoone

    dancnoone "Village Idiot"

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    My 19 year old called me the other day.

    She said, "Daddy, I feel like a #### target out here. Every time we pass or pull in a scale or a DOT car. We get stopped."

    They pull a company camper trailer (F-350) and follow the rig.
     
    dancnoone, Jul 12, 2009
    dancnoone, Jul 12, 2009
    #9
  12. Jul 12, 2009 #10
    Roadmedic

    Roadmedic Road Train Member

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    I have been doing this since 2003.

    Last year I got 2 Level 1's in 7 months.

    Earlier this week, in Indiana, in a CMV target zone, which I did not know was there on US 20 or I would have taken another route. The DOT was sitting in a parking lot watching the traffic. As I went by, he decided to follow. He checked everything out from behind and I guess I passed, because he turned around and went the other way.

    I know several of the states watch us when we are empty and it is a problem.

    They are looking for revenue.
     
    Roadmedic, Jul 12, 2009
    Roadmedic, Jul 12, 2009
    #10
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