34 Hour Restart

Ah ... neither one is correct.

To wit: you come on-duty at 06:00. At that point you have by 20:00 to complete your 11 hours of driving. However, if you complete your 11 hours of driving by 18:00, you may not drive any more until you have 10 consecutive hours of off-duty/sleeper berth. You may work on-duty (not driving) as long as you want, but you must have 10 hours of consecutive off-duty/sleeper berth time before driving again (assuming you still have available driving hours under the 60/70).

Also, your 60/70 hours in 7/8 days is whatever on-duty, including driving, hours you have accumulated, not just driving hours.

You are correct that the 34-hour reset is not mandatory. The 60/70 hours in 7/8 days is "rolling". Meaning on the ninth day (if using 70 hours/8 days), you will "recover" whatever hours you worked on the first day ... unless you take a 34-hour rest which resets the 60/70.

For the purposes of this post I am eliminating anything such as the equivalent to 10 hours rule, oilfield exemption, or any other special rules. Get the basics down first.

 

But your trainer was not a retired old fool like me. In this instance he was clearly incorrect. But that is not unusual Re. not understanding the rules. I guarantee he, and you are not alone in these misunderstandings. It's just like the 14-hour rule. Most drivers will tell you that the 14-hour rule simplistically says you can drive for 11 & work 3 then you must take a 10-hour break. As posted somewhere else in this forum I have clearly stated that this is not correct. The rule in fact only says that you can't drive after the 14th hour. Nothing in the rules says that you can't unload the freight (work) & make some extra money, repair a light, or post-trip the vehicle after the 14th hour. There's a big difference between the word drive and work but most drivers confuse the 2 words and screw themselves out of money.

 

Nothing in 395.3(b) (the 60/70 hour rules assuming the driver is driving for a property carrying motor carrier as opposed to passenger carriers) requires a driver to use the 70-hour rule if the carrier operates every day of the week. The only requirement in 395.3(b) is for a carrier that does not operate every day of the week. If the carrier operates every day of the week then the driver has the option to use the 70-hour rule.

The rule for passenger carriers at 395.5 is essentially the same except the driving time is altered.

Here is a specific scenario prior to the 34-hour restart that will clearly show this. Suppose a carrier operated every day of the week & a driver for that carrier had a dedicated run that took him 12 hours per day, 5 days per week & the driver used the 70-hour rule. 12 X 5 = 60. Now the driver has 2-days off. How many hours does the driver have on the 8th day? He only has 10 & can't legally complete the run. But now lets do it with the 60-hour rule. 12 X 5 = 60. Two days off & now the driver has 12 hours again, and again, and again, and the driver could legally complete the run each day and it would be perfectly legal to operate under the 60 in this manner even though the carrier operated every day of the week.

But now, with the 34-hour restart, I can see no reasonable and/or conceivable reason for a driver, working for a carrier that operates every day of the week to not use the 70-hour rule. Notwithstanding the example, there is no actual requirement for a 70-hour mandate. The only mandate is for drivers working for a carrier that does not operate every day of the week. And 395.3(b) is worded exactly the same way now as it was prior to the 34-hour restart.

Lost&found pointed out the others

 

Don't know why but my above post came up twice. This is just the correction to the 2nd one.

 

OK I will be leased onto a booking agent so I am assuming that I will fall under the 70/8. So just for clarification, in my past job I used to own my own business, a pizza shop, thus my screen name. So I really don’t consider myself dumb, maybe slow, but not dumb, I’m just having a hard time wrapping my head around this rule.
#1I CAN NOT drive for more than 14 hours in one 24 hour period, after 14 hours of driving I have to stop for 10 hours.
#2 As long as I don’t drive more than 70 hours in 8 days and no more than 14 hours in one single day of those 8 I can keep going.
I realize that most of you have been doing for a very long time and it is second nature to ya, however if y’all can put it into as lame a terms as possible for me, (i.e. you can do this and can’t do this) I would truly appreciate it. Ya know dumb it down for the new guy, lol

 

Actually I think I got it…how’s this:
Days
1)[FONT=&quot] [/FONT]Drove 10-70=60
2)[FONT=&quot] [/FONT]Drove 9-60=51
3)[FONT=&quot] [/FONT]Drove 11-51=40
4)[FONT=&quot] [/FONT]Drove 8-40=32
5)[FONT=&quot] [/FONT]Drove 5-32=27
6)[FONT=&quot] [/FONT]Drove 8-27=19
7)[FONT=&quot] [/FONT]Drove 8-19=11
8)[FONT=&quot] [/FONT]Drove 11-11=0
9)[FONT=&quot] [/FONT]Drove 9-10=1
10)[FONT=&quot] [/FONT]Drove 10-10=0
11)[FONT=&quot] [/FONT]Drove 11-11=0
And so on and son on. As long as I don’t go over 70 in 8 days I’m ok. I guess all I need to know is am I allowed to drive for 14 hours in one day and rest longer on another day of that week?

Like this:
1)[FONT=&quot] [/FONT]Drove 14-70=56
2)[FONT=&quot] [/FONT]Drove 5-56=51
3)[FONT=&quot] [/FONT]Drove 5-51=46
4)[FONT=&quot] [/FONT]Drove 14-46=32
And so on and so on. As long as I don’t go over 14 hours of driving in 1 single day and not over 70 in 8 days I’m good to go??

 

sorry I'm not sure how/why that smiley is on day 8, oops

 

#1 is incorrect. If you drove for 11, then rested for 10, you could then drive for 11 more and keep doing that cycle until you hit the 60/70-hour wall. Nothing in the rules at 395.3(A)(1)...THE 11-HOUR RULE, or 395.3(a)(2)...THE 14-HOUR RULE, says anything about a day, calender day, 24-hour period.

The only place the rule mentions a day/calendar day/24-hour day is in the 60-70-hour rule but you can't figure that out because you still have the 11 & 14 screwed up in your mind. Here's your problem.....You are trying to relate the 11 & 14-hour rules to a calendar day, and the 11 & 14-hour rules never mention a calendar day.

Once you figure out why #1 is incorrect you'll understand why #2 is also incorrect. Then you can advance to the 60-70-hour rules.

Forget about the 60/70 for a moment and read carefully.

First, read what I have underlined below in the rule then go on the the bold print I have inserted:

PART 395_HOURS OF SERVICE OF DRIVERS--Table of Contents Sec. 395.3 Maximum driving time for property-carrying vehicles. Subject to the exceptions and exemptions in Sec. 395.1: (a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle: (HERE THEN IS THE REST OF THE 11-HOUR RULE)(1) More than 11 cumulative hours following 10 consecutive hours off duty; or (HERE THEN IS THE 14-HOUR RULE...BUT BEFORE YOU READ IT GO BACK AND READ WHAT I HAVE UNDERLINED AGAIN, THEN READ THIS NEXT PART)(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property- carrying driver complies with the provisions of Sec. 395.1(o) or Sec. 395.1(e)(2). (b) No motor carrier shall permit or require a driver of a property- carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after-- (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or (2) Any period of 8 consecutive days may end with the beginning of any off- [[Page 463]] duty period of 34 or more consecutive hours.

The 11-hour rule is 395.3(a)(1). Before you can read at (1) you must first read (a). The 14-hour rule is 395.3(a)(2). Before you can read at (2) you must first read (a) all over again, then go to (2).

The rule merely says you can't drive more than 11 since your last legal rest period. The rule then says you can't drive (nothing says you can't work but you can't drive) after the 14th hour until you have another legal rest period. Once you have had another legal rest period, the 11 & 14-hour rules reset themselves and you may repeat the cycle all over again.

Then you can't drive after after having been on duty (lines 3 & 4 added together) for 60/70 hours in any 7/8 consecutive days (395.3(b)). But nothing in the 60/70 hour rules prevents you from working after 60/70. But all these rules only prevent you from driving after 11, 14, and 60/70....always remember there is a big difference between the words drive & work.

 

Ok so bottom line is:
1)[FONT=&quot] [/FONT] I am not allowed to be behind the wheel for more than 11 hours a day.
2)[FONT=&quot] [/FONT] As long as I don’t go over 70 hours in 8 days I’m good.
3)[FONT=&quot] [/FONT]As long as I rest/sleep for at least 10 hours in a day I’m ok.
4)[FONT=&quot] [/FONT]I am allowed to work for 3 more hours after I hit the 11 hour mark. But after 14 hours of work I must stop and rest/sleep for at least 10 hours.

The legalese of the printed rules is the confusing part, just give it to me in your own words, yes or no what I have up top, is for the most part, now accurate? [FONT=&quot]Psanderson thank you for your help and your patience, I appreciate your help for the new guy, I just don’t want to screw up bad. There is a huge difference between driving around town here and OTR and I want to make sure that I have all my I’s dotted and T’s crossed. [/FONT]

 

OK
#1 WRONG-- ok lets say you start at midnight after a 10 hour break, you can drive till 11am that is your 11 hours now you must take a 10 hour break..ok now its 9pm after break you can drive another 11 hours even know 3 hours are still in the same day. now i left stuff out like pre trips and load checks and stuff like that. you can only drive 11 hours before you take a 10 hour break and you cant go over 14 hours of driving/on duty not driving with out a 10 hour break does this help?