16 Hour Short Haul Exception question

Discussion in 'Questions From New Drivers' started by skootertrans, Mar 3, 2018.

  1. skootertrans

    skootertrans Bobtail Member

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    Jul 15, 2017
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    I'm an owner/operator (I own the authority, not leased, no contracts) whose driving averages about 8 days in 30. Yes, I've read and fully understand the "letter of the law" regarding this rule. I realize the likely short answer is; "No, I may not use the rule". Part of the rule states the driver must have returned to the normal reporting to work location the previous 5 work periods (not the previous 5 days) when claiming the exception. It's common for me to not have worked for a week or more between jobs.The previous 5 work periods may go back 6 weeks or more. For instance, I completed an 8 day road trip about 7 days ago. My next job may be in a couple days, and it will be a single day, 4-500 mile job. 'Major' problems for me when I occasionally use it so I can get home? I never exceed the 11 hour driving limit. I've used it 2-3 times these past 6 months, but just to be safe, I have not used it since I came into a fuller understanding of the rule. Obviously, the rule doesn't particularly consider casual/part time/retired guys as myself. Just looking for opinions. BE KIND and Thanks!
     
    Last edited: Mar 3, 2018
    Reason for edit: spelling, grammar
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  3. x1Heavy

    x1Heavy Road Train Member

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    11 hours given a average of 50 mph should give you what you need to run the 500 plus miles and then some. In the old days of 10 hours logging we put away 650 miles during that time period. Careful not to allow the math to violate the speed limit, whatever it may be.

    I don't think you are to worry about a 16 hour exemption more than perhaps the occasional trucking outside of a 100-150 mile limitation as long you return directly back to your starting point at the end of trip.

    The 16 hours was to be a exception when something comes up that is unforeseen. Example DC getting nuked and you needed that extra time to complete your trip. On paper logs you write down the event and so on in the line item under the 4 duty status to explain.

    Never mind the DC. I just pulled something out of a hat to demonstrate what would be truly unforeseen. If something like that ever happens it is likely no one will be completing any trips that day. 9-11 trapped some trucker friends of mine inside the boroughs that day as the towers burned. They werent getting out for love or money anytime soon what with the bridges slammed shut on them.

    A long time ago a dispatcher huffed up like a peacock to demand I use the exception, i refused flat out. I considered myself a OTR driver burning on the 70 hour rule running daily god knows where. That would have put me into violations. It was not long after that refusal when it was arranged I was pulled from that particular dedicated outfit at her request. I think the problem she has was drivers big enough to say no. She cannot have that. *Shrugs.

    Anyway that's my three cents. You can take it for what you want out of it. Just be careful should you decide to use that exemption.
     
    Wicked Wizard Thanks this.
  4. Blackshack46

    Blackshack46 Road Train Member

    ^ wut? I didnt read more than three words.



    I would use it when you need it, as long as you were not sleeping elsewhere than at home for the previous 5 days, i know you said you usually dont work 5 dsys in a row. But in my eyes, if i lesve tomorow and just came home from a month of vacation. I get hit with a ton of delays at work, why would i not be able to use the 16 hour rule on the first day back to work. Thats just silly.
     
  5. ZVar

    ZVar Road Train Member

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    Sep 10, 2010
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    I'm seeing two diffrent rules being asked about.
    1. The 8 day is a(a rolling) 30 exemption.
    This is only in regards if you need paper logging vs. ELD. If you log 8 or less days in any 30 you can use a paper log, no ELD required. You can hit the 8 day by doing the timecard, lcal exemption, or like in your case only work 1-2 days a week. On day 9 you need an ELD.

    2. The 16 "big day" short haul exemption like you stated requires a few requirements to use.
    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if:
    (1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
    (2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
    (3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).

    It's mostly designed for a day cabber to get home if something happens. It's not useful to drivers that spend even one day out of town. Like stated you cannot use it unless you have been home the last 5 days. (Duty tour = work day)

    In your case would the 8/2 split be useful to get you home? I suggest not logging the 16 hour exemption, as that will cause the LEO to look harder at the logs (sometimes.)
     
    J Man Thanks this.
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