70 hour rule - help settle an argument

My carrier has one of the strictest HOS compliance policies going . Several times I have gone over the 70 hours with on duty not driving time . No explanation was given and there was never a word said . Please post the regulation an LOE would use citing a driver for exceeding the 70 hours while working off duty . I used to work for an industrial cleaning company . They were also very strict with compliance . I would operate trucks onsite for 12 hour days for 2 or 3 weeks at a time . All this would be logged on duty , not driving even though when I went back on the road FMCSA only needed hours from the previous days shown . I never made an explanation why I went over 70 . Before operating back on the road I just took enough time off to get back under 70 in 8 .

 

'Cause it's wrong ... driving yes. On-duty, not driving after 70? No problem. And there's no greater requirement for remarks after 70 hours than there is before.

 

Yup. I know you and I are right. No clue where kabar got this from, but misinformation like that on the net only further confuses people for no good reason.

Hypotheticaly, a driver could pull into a coop while simultaneously hitting his 70 hours right to the minute, only to then get pulled around back and told to walk inside with all paperwork. By kabars logic, he'd be walking into the scalehouse and breaking the law, allthewhile, he's walking into the scalehouse so as to be complient with the law.

I dont care what anyone says - I know that a driver can do any line he wants after he hits 70 hours, except line 3. The end.

 

The way I interpret the regs is: the 70 hour rule applies only to driving. Therefore, you can go to line 4,and, as you say, work till your heart bursts. However, as others have indicated, before you go to line 3, you must have a 10 hour break plus regain hours on your 70 hour rule. Then you can drive for however many hours you pick up.

 

On a 8th day gain. Otherwise you need 34

 

I would have to agree with Notarps4me, this is straight from my HOS hand book that I received 2 weeks ago from school.

If, for example, you work on the 70-hour/8-day schedule, add the hours worked during the last 7 days (today plus the preceding 6 days). If it totals 70 hours or more, you have no driving hours available for the next day. Remember that you can perform non-driving activities after reaching the 70-hours limit and not be in violation.

The regulations include an optional "restart" provision. This allows you to "restart' your 60 or 70 hour clock after having atleast 34 consecutive hours off duty.

So I do not agree that if you that 10 hours off duty or sleeper berth, that you can get behind the wheel and drive for the next HOS, that you took off duty.

 

Then consider this . Suppose you total 70 hours in 6 days . Take a day off you still have 70 hours in 70 days . If not for the 34 hour restart the next day off you would have the max 70 hours in 8 days .

 

I agree with kabar, total hours driving and total hours on duty combined , once you reach 70 hours, a 34 hour restart is required. This is what my company enforces with no tolerance.

 

Companies have the right to set whatever rules they wish but the fact is you can work 100 hours in 8 days if you want and not be in violation of FMCSR as long as you don't drive after 70 hours .