30-minute break exemption.

Discussion in 'Experienced Truckers' Advice' started by metallifreak10, Sep 6, 2017.

  1. buddyd157

    buddyd157 Road Train Member

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    i worry not. my logs are always "up to date", the most i can get nailed for is NOT taking that break. big deal.

    been doing this crap for over 35 years now, i need NO ONE to tell me when to take a break.
     
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  3. tucker

    tucker Road Train Member

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    A lot of states require employers to give their workers a break during their work shift.
    Maybe the HOS doesn't require you to take a break but another law from another branch of government requires you to take a break.
     
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  4. tucker

    tucker Road Train Member

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    And I thought people using paper logs never cheated, wmt
     
  5. Mark Kling

    Mark Kling Technology Contributor

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    I agree... if it is company policy then the OP must follow the policy.
     
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  6. buddyd157

    buddyd157 Road Train Member

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    surely, you jest..????? :biggrin_25522:


    "backing up" a log is not cheating, it's a way to make sure one made no errors, or forgot something....:rolleyes:
     
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  7. Ridgeline

    Ridgeline Road Train Member

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    I am told in this state - Michigan - I can't use logs as a record of time keeping for business purposes if they are "local" drivers working under the air mile exemption. I have to provide them a time clock and nothing more than that and build in the 30 minute lunch break and the two 15 minute breaks that are required by law for hourly employees.
     
  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    If you're on paper and operating under the 100 air mile exception, the company only needs a record of your hours worked...NOT a record of your duty status. If they want to see a log book page, start your day by dropping down to line 4. End your day going back up to line 1. As long as you keep it under 12 hours, and you never go beyond that 100th air mile from home base, then you're good. Make sure at a minimum you have the required info (name, date, start time, end time, total hours worked) as well as anything else the company will want on there (truck/trailer numbers, company name, BOL #'s, etc) and write "Local Log" in the remarks. No need to show a 30 minute break. On the days I qualify for the exception, that's all I do. On the days I do not qualify, I complete the RODS same as any OTR driver would and don't drive past the 8th hour without showing a 30 minute break.

    If you're on elogs, that is still uncharted territory for me...never ran them, and not looking forward to them. I'll be changing the way I run, though, so that I seldom need to worry about them...12 hour days instead of two or three 14's per week with the occasional stretch to 16 if things don't go quite right. I won't have some ignorant box telling me I have to shut down 30 minutes from the house, so I'll just work shorter days closer to home and avoid that issue altogether. I know the regs, and have fought (and won) arguments on several occasions with safety department managers not liking something I've done perfectly legally within the scope of the exemptions and exceptions available to me under the regulations. Then again, everywhere I've ever worked, they only ask that you obey the regs. If company policy is more strict than the regs, you must abide by company policy or seek employment elsewhere.
     
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  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    As long as the required info is on those time cards, you can use them. If they are not paid by the hour, what the state requires is rather pointless...yet another example of bureaucrats governing without a clue.
     
  10. metallifreak10

    metallifreak10 Light Load Member

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    So, I talked to my terminal Manager. He said that corporate can exempt certain drivers, and that he'll talk to them and see if I can be put on the list. He told me that as long as I stay under 12 hours and inside 100 air miles, the DOT will leave me alone about it. But he did say as of now, I have to take the break per the company.

    He said even if corporate turns me down to be put on the list, he isn't worried if I go over once every month or two, especially since when I go over, it's never been by more then 15 minutes (usually 3-6 minutes on average). I take the 30 when I definitely know that I'm gonna go over (like today). But, I'd love to not ever have to worry about it at all. Except for on rare occasions when I work over 12 hours.

    FYI, I do run e-logs. Only time I have to do a paper log is if the peoplenet malfunctions, which hasn't happened to me in 2 years. Nice thing is not having to even do anything, it logs for you. But, as you stated, it dings at you to take a 30 minute break when 1 hour is left, and 30 minutes is left. So it yells at me everyday lol. Even when I have a super light day and get done real early, I'll be 10 minutes from the terminal, and it dings at me to take my break and tells me I got 1 hour left.
     
    Last edited: Sep 7, 2017
  11. tscottme

    tscottme Road Train Member

    The company decides if you get the 100 air mile exemption, not the driver. The company has to meet certain requirements in order for the driver to work as a 100 air mile exempt driver. The driver can't simply look at his odometer and declare it so. Usually the OTR driver is desperately trying to create a theory on the road that allows hims to pretend to be a short-hual driver for the purposes of getting out of a ticket.
     
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