10 hour break in a day cab?

Discussion in 'Trucking Industry Regulations' started by Wicked Wizard, Feb 5, 2010.

  1. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    You might want to double check your regs. I've always heard it was 16 hrs for the local driver, and could only be used once a week.
     
  2. Working Class Patriot

    Working Class Patriot Road Train Member

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    It is 16, for local drivers, and once a week.....
     
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  3. Working Class Patriot

    Working Class Patriot Road Train Member

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    Interesting thing here....

    The contractors I used to work for....never adhered to that rule....

    They would always claim "emergency" or "oil field" work.

    Also...once a driver leaves the 100 air mile radius, they are required to fill out a log book....

    I can't tell you how many times I worked up in Santa Barbara or had been sent out to Palm Springs, 29 Palms...not one driver was told to keep a log book....In fact it was discouraged...
    Safety Depts didn't want the hassle or the paper trail of log books....

    Hmmmm...Maybe I should change careers....
    I wonder...do DOT inspectors receive a bonus for nailing companies???

    If so...I could retire in about a week.....
     
    Last edited: Feb 6, 2010
  4. otherhalftw

    otherhalftw R.I.P.

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    If you don't like the sleeper mounted antenna....just how bad would you feel with an antenna mounted sleeper?
     
  5. Working Class Patriot

    Working Class Patriot Road Train Member

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    Now stop that.....Don't give Freightliner anymore ideas.....:biggrin_2555:
     
  6. otherhalftw

    otherhalftw R.I.P.

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    n-duty limit. E. 16-HOUR EXCEPTION

    E-1. What is a "duty tour" as the term is used in Part § 395.1(o)?

    The 16-hour exemption in § 395.1(o) is designed for one-day "duty tours." The duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and sleeper berth time.
    E-2. If a driver is "on duty, not driving" during the 15th and 16th hour of his duty tour and does not drive after that, has he used the 16-hour exception in § 395.1(o)?

    No. Example: If a driver was on duty 16 hours on Wednesday, but didn't drive after being on duty 14 hours, could the driver use the 16 hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations
    (11-, 16-, and 60/70- hour rules) were met?
    In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in Part § 395.1(o) and also remains in compliance with Part § 395.3(a)(1) and Part § 395.3(b). Although the 16 hours on-duty on Wednesday will count toward the driver's 60/70 calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14 th hour.
    E-3. May a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?

    As stated in § 395.1(o) and current § 395.1 Interpretation Question 15, a driver having more than one work reporting location could use the § 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of
    § 395.1(o)(1) that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..." A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless he worked six days per week, and then the exception could only be used on the sixth day.
    E-4. May a driver utilize the adverse driving rule, which extends the driving time by two additional hours, in conjunction with the 16-hour exception?

    No. A driver may not use the exception for adverse driving conditions while also using the 16-hour exception for property-carrying drivers. Section 395.1(b)(1)(ii) of the adverse driving conditions exception specifically states that a property-carrying driver may not drive or be permitted to drive after he/she has been on-duty after the end of the 14 th hour after coming on-duty following 10 consecutive hours off-duty.
    E-5. When the "16 hour exception" is used, may sleeper berth periods or extended off-duty periods be included in the "duty tour?" How does this affect team drivers?

    The § 395.1(o) exception for property-carrying drivers is for drivers who return to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.
    F. 34-HOUR RESTART

    F-1. Does any period of 34 consecutive hours off-duty automatically restart the calculation of the 60/70-hour on-duty period?

    Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour calculation.
    F-2. If a driver works at another job, unrelated to trucking, during his 34-hour off-duty restart period, and then begins a duty shift for the trucking company, does the 34-hour restart provision apply?

    No. Performing compensated work for a person not a motor carrier is considered on-duty time, which would interrupt the 34-hour period.
    F-3. If a driver is on-call, but has not been called for 34 hours, may those 34 hours be counted as a 34-hour restart?

    Yes, provided the carrier has not required the driver to report for work until after the 34-hour period has ended.

    There you go...I was wrong in my 15 hour and in the 34 restart after requirement statements...I was going off of what the company told us (that was many years ago also)...proves that you don't take hearsay as fact, always go to the regs and find it yourself.

    Now I am so upset...the company was wrong...what is this world coming to..a company safety/compliance department telling their drivers some bad information!////////:biggrin_25522:
     
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  7. otherhalftw

    otherhalftw R.I.P.

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    Yep I knew something was up out there at the Banning scale...going back to the old days when a good bribe would get you across the scale...no bribe, then they get a bonus from the State of California ...now would that be a percentage of the fine imposed, or an IOU from the State Treasurer?

    WCP...I know you meant "receive"...just funnin wit ya!:biggrin_25514:
     
  8. Working Class Patriot

    Working Class Patriot Road Train Member

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    Thanks for that.....I guess old age reared its ugly head...memory is slipping.....Rather I wasn't paying attention to the details...:biggrin_25521:
     
  9. jim-oh

    jim-oh Light Load Member

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    Finally, it only took seven pages to get it right.
    I am local and leave and return to the same term. everyday. Had to use the 16 the other day and because I did not use all the drive time up I could still make it back. I garentee the company I work for would have made me park if it wasnt legal.
     
  10. otherhalftw

    otherhalftw R.I.P.

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    There is no such thing as a direct, short answer, to any question, here on the Truckers Forum...we will cover all the bases in our soccer game! And not necessarily stay on subject either!!!!!!:biggrin_25523: