100 Mile Radius Exemption / Passenger Carrying Driver

Hi new and although this is a trucking forum I hope I can get some help with operating passenger carrying vehicle that requires a CDL Class B with a passenger endorsement(15 passengers+). Think mass transit buses.

I know we fall under this...


100 air-mile radius exemption:
A driver is exempt from maintaining the driver's daily log requirements of Section 395.8 if all of the following are true:
• The driver operates within a 100 air-mile radius of the normal work reporting location.
• The driver returns to the work reporting location and is released from work within 12 consecutive hours.
• Each 12 hours on duty are separated by at least:
o 10 consecutive hours off duty for property-carrying drivers, or o 8 consecutive hours off duty for passenger-carrying drivers.
• The driver does not exceed a maximum of:
o 11 hours driving time following 10 consecutive hours off duty for
property-carrying drivers, or
o 10 hours driving time following 8 consecutive hours off duty for
passenger-carrying drivers.
• The motor carrier that employs the driver maintains and retains for a period of six
months accurate and true time records that show:
o The time the driver reports for duty each day;
o The total number of hours the driver is on duty each day;
o The time the driver is released from duty each day; and
o The total time for the preceding 7 days for first-time or intermittent
drivers.

The above I sort of understand but where I work our overt time after our shift are not continuous. Let me give you examples of shifts.

5:30am - 2:00pm
4.30pm - 1:00am

The above shifts are set runs / shifts. But there is often overtime available for trips outside of the above shifts and also to fill in for a shift.

Real scenarios;

Let’s say I work the 5:30am - 2:00pm shift and there is overtime available to fill a 4:30pm - 1:00am shift. I punch out at 2:00pm and don’t have to punch in until 4:30pm.

Or let’s say I work the 4:30pm - 1:00am shift and there’s overtime available for the 5:30am - 2:00pm shift. I punch out and 1:00am and don’t have to punch in until 5:30am.

I work the 5:30am - 2:00pm shift and there’s a trip available for overtime that starts at 6:00pm, 7:00pm etc that are normally 4-5 hours. I punch out at 2:00pm and don’t have to punch in until 6:00pm, 7:00pm etc.

As you see the extra trips and filling in for a shift isn’t continuous.

Anyone know in cases like this how HOS and the 100 mile passenger carrying driver exemption comes into play with HOS, rest etc?

Note, the shifts are bus routes within a very right radius. The trips can be anywhere up to the 100 miles radius air passenger carrying exemption. For instance let’s say I’m on 5:30am - 2:00pm trip and punch out at 2:00pm. There’s a trip available to take a group of people to Newark airport at either 6:00 pm or 7:00pm which is 90 miles from the pick up point.

Thanks and God Bless!

Macher

 

Thanks. Just some clarity if you don’t mind.

Let’s say my shift is 5:30am - 2:00pm. There’s a route to be filled from 4:30pm - 1:00am. I punch out at 2:00pm and don’t have to punch back in until 4:30pm.

Say I work 7 hours from 4:30pm - 11:30pm. That means I have to have 8 hours rest correct? Which means don’t report to work the next day 7:30am?

In other words since these scenarios aren’t continuous it means can work 15 hours within a 24 hour period BUT must have 8 hours of consecutive off duty? For instance my shift is 5:30am - 2:00pm that’s 8 hours. Does this mean I have 7 hours to work a shift or a trip BUT whatever time that ends I MUST have 8 hours consecutive off duty?

Sorry want to get some clarity. I work for a large university and manager said ‘we aren’t under DOT guidelines’ because we are XYZ and don’t fall under regulations.

The problem is if I work 5:30am - 2:00pm punch out and work 6:00pm - 11:30pm and have to be in work the next day at 5:30am I’m tired. Even though I worked 13 hours within, I shouldn’t have too.

Other situations offered where I work 4 hours on a trip but the start time of the trip is 8:00pm - 12:00am. That’s 8 hours my shift + 4 hours = 12 hours then have to report to work 5:30am.

 

Ok thanks! There are couple of us on the 5:30am - 2:0pm. One is what we call a floater. He doesn’t have a route, he’s a fill in. When he’s not driving he fuels and sweeps out the buses. Is this 5:30am - 2:00pm considered driving even though he might not be doing any driving that day?

 

Thanks still trying to wrap my head around this or maybe I’m complicating it. Like I said if hours were consecutive it’s easy. Example would be a shift is 5:30am - 2:00pm but there’s overtime to work through to 4:00pm. That’s 10 hours of consecutive(1/2 hour lunch).

Forgot to mention once we punch out and punch back in again we are guaranteed 4 hours overtime but depending on the job if it takes less we don’t have to stay for the 4 hours.

For instance my shift is 5:30am - 2:00pm. There’s a Philly airport job taking a group of people. Punch in time is 5:00pm. I punch out at 2:00pm and punch in at 5:00pm. Pick them up run them to the airport and from pick up back to yard and post trip takes an hour but get paid for 4 hours. I punch out at 6:00pm but get paid 4 hours overtime.

If you can what’s the best way to explain this to our manager and my fellow workers so they understand especially with no consecutive hours worked. Thanks!

 

Thanks. So is the local exemption mean can’t drive more than 12 hours? On our 8 hour shift we don’t drive for 8 hours straight. Yes we are on the clock but we get a break in between before we start the route depending on the traffic.

I’m still not clear on the local exception and 12 hours since most of the time our hours aren’t continuous. There’s almost always a punch out after your shift then a punch in time for the ‘extra’ overtime work.

I’m on the 5:30am - 2:00pm shift. If there’s overtime available on a route at night the shifts don’t start until 4:30pm punch in time. So in my case I would have to punch out at 2:00 pm and then punch in at 4:30pm. If I didn’t have to punch out then it would be considered continuous and would be easier to get my head wrapped around it.

Also the night time routes start at 4:30pm - 1:00am. If there’s a shift available at 5:30am - 2:00pm then they would have to punch out at 1:00am and punch in at 5:30am.

My thinking is and correct me if I’m wrong is we can work no more than 12 hours a day but the 8 hours rest starts when we punch out. As an example; I work 5:30pm - 2:00pm. Punch out at 2:00pm, punch in at 4:30pm to fill a route. But I can’t work more than 4 hours that would be to 8:30pm then that’s when 8 hour rest kicks in. Which puts me back into my normal start time at 5:30am next morning.

However here’s a kicker real scenario. I punch out at 2:00pm. There’s a job that punch in time is 7:00pm that’s a 4 hour job taking a group downtown for an event and waiting 3-4 hours for them to get done and then drive them back to campus. I punch out at 11:00pm. That means I would have to get 8 hours rest from my punch out which would be 7:00am next morning? If I’m correct this is where it gets complicated because my start time is 5:30am.

SEPTA in Phildelphia is the mass transit system. We are a similar operator but much much smaller. I think and I’m going to find out is that a driver can’t be on the clock for more than 14 or 15 hours because 24 minus 14 or 15 hours equals the 8 hours rest. The 14 or 15 hours includes both driving and not driving doesn’t matter. This what I heard maybe the total hours I’m off but I’m going to find out.

Thanks! Happy Thanksgiving!