100 Mile Radius Exemption / Passenger Carrying Driver

Got an email from FMCS in PA...
A passenger-carrying CDL qualified driver who uses the Short-Haul Exception must comply with the following requirements:

*Operate within a 150 air-mile radius of their normal work reporting location

*Drive no more than 10 hours each day

*Be released from work within 14 hours

*Have at least 8 consecutive hours off duty separating each 14-hour workday

We are getting some kind of ELD that will show how much driving and on duty not driving we did in our 8 hour shift.

One thing that I didn’t ask was when you’re completely off duty free to do whatever you want can you extend the 14 hours. Work from 6:00am - 2:00pm punch out then come back at 6:00pm and work until 12:00am. That total duty is 14 but not sure if the 4 hour completely off duty punched out counts.

 

Ok let’s stick with timecards at 14 hours.

If I punch in at 6:00am and punch out at 2:00pm are you saying I can’t work passed 14 hours from 6:00am which would be 8:00pm? (Even though I was off duty not doing anything for 3 hours beginning 2:00pm).

I just asked my manager about this and he said we aren’t getting ELD, it’s sort of a real time tracking system.

Also our manager has been asking drivers on my 6:00am - 2:00pm if they want to work 5:00pm - 11:00pm to fill in for a run. And have them come in at 7:00am to get 8 hours rest instead of their regular 6:00am shift.

 

Manager called me about 1/2 hour ago after punching out at 2:00pm and asked me if I wanted to come in at 5:00 and work to 11. I said I’ll come in at 5 and work to 8 because that puts me at 14 hours. He said 14 total will put you at 11 because you punched out at 2 and have 3 hours total off duty. I said it’s a violation of HOS. Then he starts reading the new HOS to me lol. He said XYZ is working 5 - 11. I’m going to be starting some #### I guess for the better.

 

Printer it out going to show it to him when I punch in at 5:00 . I’m working until 8:00. I’ll keep you posted on his response. I just became a shop steward and this is a concern brought up from the other drivers and they want me to get the right info.

 

This is what he said unquote...

“You’re right that’s what the reg says. If punch in at 6:00am and work straight through then you have to be done by 9:00pm. But for example if I ask you to work 5:00pm - 12:00 you haven’t or aren’t working straight through. You punched out at 2:00 your regular punch out which puts you not in on duty. You’re not on duty or driving for 3 hours so how can I count that towards the 15 hours if you have no working obligation for 3 hours which means you’re off duty?”

Now I said that IF that is true and I don’t know if it is then you should be able to adjust start time in order to comply with regulations which means IF you’re right then 8 hours continuous rest is required which means instead of starting 6:00am there should be a start at 8:00am IF you’re right. He didn’t know what to say lol. Cause he knows there’s a union contract and that would be wishy washy.

 

This is what I got from the enforcement officer. Going to show it to my manager and tell him to call the officer because he’s interpreting wrong.I didn’t post officers name or my name in this post.

How this got started was I’ve been employed at same employer for 27 years. I was in the facilities department and drove a tractor trailer most of my career. There wasn’t ever split shifts so if there was overtime we would work straight through. The manager knew the regs and we couldn’t work more than what the regs were at that time for 100 air mile exemption.

Since I had a P endorsement and have lots of seniority there was a position opened in the transit department same pay rate and I bid on it and got the position. This was at the end of last year. Since there were split shifts not continuous the manger told me that this extends the work day under the then 100 mile exemption. To be honest this sort of made sense to me until I was accepting and working overtime based on the interpretation of the extension of the work day. Me working these extensions I was very tired running the extra hours after my shift and the next day on my regular shift and so were other drivers and of course I know why now. This got me investigating further.

I want to thank you for your patience, guidance and pushing me to get this right for the safety of the drivers and passengers. This is a safety issue that can’t be changed to suit the needs of the operation. This is going to piss off some drivers because they don’t care about the fatigue but like the big pay check on Fridays. It’s my responsibility as a shop steward to make sure that safety is enforced.

Hi XYZ,

To make it more clear...

A passenger-carrying CDL qualified driver who uses the Short-Haul Exception must comply with the following requirements:

*Operate within a 150 air-mile radius of their normal work reporting location

*Drive no more than 10 hours each day

*Be released from work within 15 hours

*Have at least 8 consecutive hours off duty separating each 15 hour workday


You are permitted to take a split shift, but the 15 hour day can not be extended. If the split shift was divided by 8 hours off duty then you would have 15 hours to work as a local passenger carrier.


So if you are starting your shift at 6:00am the 15 hour period would end at 9:00pm. If you work 0600 - 1400 hours (2:00pm) then take a rest as off-duty and come back on-duty at 1700 hours (5:00pm) you can only drive the passenger carrying vehicle until 2100 hours (9:00pm). If you would like to work until 2200 hours (10:00pm) then you would lose the Passenger Carrier Short Haul exemption and would need to complete a Record of Duty Status or an ELD.


Split shifts do not extend the day. So if you would like to work until midnight 12:00am you would have to be off duty from 1400 hours (2:00pm) to 2200 hours (10:00pm) for 8 hours. After you have the 8 hours off duty you can work 15 more hours under the Short Haul Operation for Passenger Carriers or you could work 16 hour shift with an ELD.


Remember, as a passenger carrier you are only permitted to drive for 10 hours in between 8 hour off-duty periods.


This should give you more clarity on the passenger carrier short haul exemption to provide to your managers and drivers. If your manager would like to discuss this he can contact me below.


XYZ

FMCSA Enforcement Officer

PA State Police Headquarters

1800 Elmerton Avenue

Harrisburg, Pa 17110

570-963-3156

 

@ZVar know what’s interesting. You would think that passengers are more important than property right? Why not the same exemption as property carrying?