8-Day Exempt

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Timin770, Jan 15, 2018.

  1. Timin770

    Timin770 Road Train Member

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    I don't drive full time any longer, but I made a weekend run as an exempt driver since I haven't driven in 3 months. Former employer was in a jam so I figured what the hey I'll make some extra cash.

    I drove from 10p to midnight Fri, then continued on until early Sat am. After my break I returned home on Sunday.

    I'm wondering how the DOT figures "days" in terms of calculating the 8-day exemption. Would the 2 hours on Fri be counted as a "day"?

    It's not a huge deal since I'll never get close to 8 days, but I'm certainly curious
     
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  3. Oxbow

    Oxbow Road Train Member

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    The way that I read it is that any portion of any day in which you are required to run a log book would count as one of your eight days. I could certainly be wrong though, it happened once before!
     
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  4. Timin770

    Timin770 Road Train Member

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    The other thought I had was this: what would prevent anybody from claiming they are exempt, unless of course they had been stopped by DOT on the road somewhere or passed thru a weigh station?

    For myself I carried the job offer letter from my current employer and a bunch of pay stubs
     
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  5. ZVar

    ZVar Road Train Member

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    If you filled out a paper log then it is a "day" even if it's only 15 minutes on that day. Remember the 8 day in 30 exemption is to allow paper logging.
    If you are tight, remember all logging is done in a 24 hour period. Instead of logging from midnight to midnight, log noon to noon. I dunno how often you can change that, but I'm assuming it's good at least until a 34.
     
  6. ZVar

    ZVar Road Train Member

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    They are not exempt from logging. They are exempt from ELD logging. They still have to have the last 7 days, plus today's current paper logs.

    Now if you are talking the short haul exemption, that is a whole different kettle. There is no 8 day limit there. Every day you qualify is a day you don't have to log. Either ELD or paper.
     
  7. Mark Kling

    Mark Kling Technology Contributor

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    A day would be from 00:01 to Midnight... does not matter how many hours... a day is a day

    .Who is exempt from the ELD rule?


    Who is exempt from the ELD rule?

    Drivers who use the timecard exception are not required to keep records of duty status (RODS) or use ELDs. Additionally, the following drivers are not required to use ELDs; however, they are still bound by the RODS requirements in 49 CFR 395 and must prepare logs on paper, using an Automatic On-Board Recording Device (AOBRD), or with a logging software program when required:

    • Drivers who use paper RODS for not more than 8 days out of every 30-day period.
    • Drivers of vehicles manufactured before 2000.
    • Drivers who are required to keep RODS not more than 8 days within any 30-day period.
    • Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered, or the vehicle being transported is a motor home or a recreation vehicle trailer with one or more sets of wheels on the surface of the roadway.
    • Drivers of vehicles manufactured before the model year 2000. (As reflected on the vehicle registration)
     
  8. Jeff Waterstreet

    Jeff Waterstreet Bobtail Member

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    Not true...this is a misconception because paper logs are pre-printed that way.

    Carriers are allowed to define what time officially starts the driving day, referenced to their home domicile. This becomes fixed going forward and cannot be changed within trip period, but can be changed upon a full 34 hour restart. The "day" is therefore the 24 hour period from that carrier defined start period, always referenced back to the time of the home domicile (i.e. changing time zones doesn't change log times)
     
  9. Timin770

    Timin770 Road Train Member

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    Yes yes yes I should have said "ELD exempt"

    Also, the run I was talking about was 700 miles one way
     
  10. rbrtwbstr

    rbrtwbstr Road Train Member

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    I was wondering about this. I run under the short haul exemption, so I don't log anything. But we have one run which we need to log, as it's 300 miles one way. Now if I start my day at 8pm, and finish at 8am the next morning, does this count as one day or two against the 8/30 rule?
     
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  11. Timin770

    Timin770 Road Train Member

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    From the comments in this thread it looks like that would count as two days although it doesn't seem fair
     
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