I am looking to change jobs as it looks like my employer is on its way out by the end of the year if not sooner.
Anyway, I ran across this ad:
[FONT=arial, helvetica, sans-serif]"Looking for an experienced Tractor Trailer Driver that has Grain Elevator Experience. Must be able to work 7 days a week from 7 - 7. This job is located in XXXX XX. Pay is $10.00 an hour and plenty of over time. We will drug test and run an MVR."
[/FONT]
[FONT=arial, helvetica, sans-serif]Unless there is something I don't know, wouldn't this be in violation of FMCSA HOS? Maybe its a specific type industry or something that allows for special rules? But, for the life of me, I cant think of any industry that allows class A CDL drivers to run 12 hours a day forever.... 7 days a week. Especially in the grain elevator business. [/FONT]
[FONT=arial, helvetica, sans-serif]For those of you who may not be familiar with FMCSA HOS (hrs of service), your only allowed to be on duty for 70 hrs in 6 days OR 70 in 8 days. [/FONT]
[FONT=arial, helvetica, sans-serif]12 hrs X 7 days = 84 hrs. [/FONT]
[FONT=arial, helvetica, sans-serif]The other thing is, your required to take a 34 hour break after your allotted maximum hours per week. I don't see any room for a 34 hour break in the above job posting.
Any thoughts guys & gals??? [/FONT]
Am I missing something here?
Discussion in 'Experienced Truckers' Advice' started by Grumppy, Aug 28, 2012.
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There are rules that apply (don't apply) to those who operate inside of a 100 air-mile radius. Then again there are a few businesses who are seasonal and think the rules don't apply to them. Either way, be vary wary of such an "offer". You could end up working your ### off for 2 weeks and never seeing a check. Read up on rules that apply to local drivers. I'm not proficient on these rules.
$10 hour is not a worthy wage for a "professional driver" even if it means driving 6 and sitting 6 ... IMOLast edited by a moderator: Aug 28, 2012
Grumppy and lonelyswmtrucker Thank this. -
Perhaps on a huge farm where you never actually leave the farm? If they are big enough, I suppose they could have their own grain elevators. Or maybe they are looking at it from the "implement of husbandry" laws, with the (depending on state law,) mistaken belief that they are exempt from ALL rules and regs. . .
Grumppy Thanks this. -
84 hours a week? No thanks. I don't work that much doing OTR now.....
Grumppy Thanks this. -
Oh, I didn't mention that it was not a prospect of mine. Its just an ad I saw while searching jobs.
As well, now that you guys mention it, I live about 75 miles form the Mississippi River & its so low right now, they are not able to get barges up to the grain elevators in our area. They may be shipping some of that grain by truck to other elevators on down the river near Natchez or something. It could be that the state or fed's has offered some kind of amnesty program (like FEMA does during a disaster) to get this grain moved? I know it's even been on the national news lately about how they dont have any place to put grain & can't get it shipped out. It's apparently become a big problem around here trying to get places to store grain.
As well, you may be right about the 100 air mile radius thing too. Garbage trucks, UPS, FEDEX etc all run ignorant hours. That could be it.
Thanks guys & any other guess's, suggestions &/or knowledge might help to clear this up. Continue to post if you have thoughts
48Packard Thanks this. -
Regardless, if it is a situation (and may well be) where exemptions have been authorized to deal with an "emergency situation" such as barge traffic crises , then certainly $10 hour seems -IN-adequate. But in this current employment environment, I'm sure many will jump on the opportunity, regardless.
Sounds typical of "government emergency contracts" to offer $10 hour requiring a professional, experienced truck driver, and $35 requiring general prep and cleanup unskilled labor ... although somehow I suspect it would be the contractor who would be doing the "screwing" and capitalizing on government crises wasteful spending more-so than the government directly screwing the worker.Grumppy Thanks this. -
It used to be, at least in Indiana, that if you ran farm plates on your tractor trailer, you were pretty much exempt when it came to hours of service, weights, etc. But that's been several years ago.
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even the within 100 mile radius is 14 hour rule, with 11 being driving of those so, it doesnt matter the company would be in violation. Unless there is a loophole for agricultural and then I think it would apply to the Farmer him or her self not for all their hired drivers.I will go look it up in the rule books ok dokie
Last edited: Aug 28, 2012
Grumppy Thanks this. -
[TABLE]
[TR]
[TD="width: 100%, colspan: 2"][TABLE]
[TR]
[TD="class: titleheadline, width: 100%, colspan: 2"][h=2]Summary of Hours-of-Service (HOS) Regulations[/h][/TD]
[/TR]
[TR]
[TD="align: left"][/TD]
[TD="align: right"]
Print [/TD]
[/TR]
[/TABLE]
[/TD]
[/TR]
[TR]
[TD][TABLE]
[TR]
[TD="class: righttableBG, width: 49%"] Who Must Comply [/TD]
[TD="width: 2%"] [/TD]
[TD="class: righttableBG, width: 49%"] HOS Final Rule [/TD]
[/TR]
[TR]
[TD] Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.
In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:
- Weighs 10,001 pounds or more
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation
- Is designed or used to transport 9 or more passengers (including the driver) for compensation
- A vehicle that is involved in Interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards is also considered a CMV
[TD] [/TD]
[TD] The Hours of Service of Drivers Final Rule [Download PDF Version] was published in the Federal Register on December 27, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. The links below provide more details regarding the HOS Final Rule:
Download HOS Reference Materials
- HOS News Release
- Question and Answers
- Logbook Examples (PDF) [SIZE=-2] New[/SIZE]
- HOS Regulations - Part 395
- Final Rule (PDF)
- Regulatory Impact Analysis (PDF)
- Appendices A-E (PDF)
- Environmental Assessment (PDF)
- Appendices A-E (PDF)
- AOBRD Waiver (PDF) [SIZE=-2] New[/SIZE]
- Petitions for Reconsideration and Replies (PDF) [SIZE=-2] Updated[/SIZE]
[/TD]
[/TR]
[/TABLE]
Summary of Changes of HOS Final Rule Published in December 2011
The table below [Download PDF Version] summarizes the differences between the prior HOS Rule and the new HOS Final Rule published in December 2011:
[TABLE="class: TableFMCSA1, align: center"]
[TR]
[TH="class: LeftTableHeadFMCSA, width: 15%, align: center"]PROVISION[/TH]
[TH="class: LeftTableHeadFMCSA, width: 35%, align: center"]PRIOR RULE[/TH]
[TH="class: LeftTableHeadFMCSA, width: 47%, align: center"]FINAL RULE - COMPLIANCE DATE JULY 1, 2013[/TH]
[/TR]
[TR]
[TH="class: MiddleTDFMCSA1"] Limitations on minimum "34-hour restarts" [/TH]
[TD="class: MiddleTDFMCSA1"] None [/TD]
[TD="class: MiddleTDFMCSA1"] (1) Must include two periods between 1 a.m.- 5 a.m. home terminal time.
(2) May only be used once per week. [/TD]
[/TR]
[TR]
[TH="class: MiddleAltTDFMCSA1, bgcolor: #ACB4BF"] Rest breaks [/TH]
[TD="class: MiddleAltTDFMCSA1, bgcolor: #ACB4BF"] None except as limited by other rule provisions [/TD]
[TD="class: MiddleAltTDFMCSA1, bgcolor: #ACB4BF"] May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed] [/TD]
[/TR]
[TR]
[TH="class: LeftTableHeadFMCSA, align: center"]PROVISION[/TH]
[TH="class: LeftTableHeadFMCSA, align: center"]PRIOR RULE[/TH]
[TH="class: LeftTableHeadFMCSA, width: 47%, align: center"]FINAL RULE - COMPLIANCE DATE FEBRUARY 27, 2012[/TH]
[/TR]
[TR]
[TH="class: MiddleTDFMCSA1"] On-duty time [/TH]
[TD="class: MiddleTDFMCSA1"] Includes any time in CMV except sleeper-berth. [/TD]
[TD="class: MiddleTDFMCSA1"] Does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth. [/TD]
[/TR]
[TR]
[TH="class: MiddleAltTDFMCSA1, bgcolor: #ACB4BF"]Penalties [/TH]
[TD="class: MiddleAltTDFMCSA1, bgcolor: #ACB4BF"] "Egregious" hours of service violations not specifically defined. [/TD]
[TD="class: MiddleAltTDFMCSA1, bgcolor: #ACB4BF"] Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers. [/TD]
[/TR]
[TR]
[TH="class: MiddleTDFMCSA1"] Oilfield exemption [/TH]
[TD="class: MiddleTDFMCSA1"] "Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping. [/TD]
[TD="class: MiddleTDFMCSA1"] "Waiting time" for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in "remarks" or a separate line added to "grid." [/TD]
[/TR]
[/TABLE]
[TABLE]
[TR]
[TD="class: righttableBG"]Summary of HOS Regulations [/TD]
[/TR]
[TR]
[TD] The following table [Download PDF Version] summarizes the HOS regulations for property-carrying and passenger-carrying CMV drivers. [/TD]
[/TR]
[TR]
[TD] [/TD]
[/TR]
[/TABLE]
[TABLE="class: TableFMCSA1, align: center"]
[TR="bgcolor: #990033"]
[TH="class: LeftTableHeadFMCSA, colspan: 2, align: center"] HOURS-OF-SERVICE RULES [/TH]
[/TR]
[TR="bgcolor: #003399"]
[TH="class: LeftTableHeadFMCSA, width: 49%, align: center"] Property-Carrying CMV Drivers (Valid Until July 1, 2013) [/TH]
[TH="class: LeftTableHeadFMCSA, width: 51%, align: center"] Passenger-Carrying CMV Drivers [/TH]
[/TR]
[TR]
[TD="class: MiddleTDFMCSA1"]11-Hour Driving Limit
May drive a maximum of 11 hours after 10 consecutive hours off duty. [/TD]
[TD="class: MiddleTDFMCSA1"]10-Hour Driving Limit
May drive a maximum of 10 hours after 8 consecutive hours off duty. [/TD]
[/TR]
[TR]
[TD="class: MiddleAltTDFMCSA1"]14-Hour Limit
May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period. [/TD]
[TD="class: MiddleAltTDFMCSA1"]15-Hour On-Duty Limit
May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period. [/TD]
[/TR]
[TR]
[TD="class: MiddleTDFMCSA1"]60/70-Hour On-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. [/TD]
[TD="class: MiddleTDFMCSA1"]60/70-Hour On-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. [/TD]
[/TR]
[TR]
[TD="class: MiddleAltTDFMCSA1"]Sleeper Berth Provision
Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. [/TD]
[TD="class: MiddleAltTDFMCSA1"]Sleeper Berth Provision
Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours. [/TD]
[/TR]
[/TABLE]
here it is straight from CSA itself, so read it at will. Dont violate its all on you the driver. Drive safely I do, I have driven 21 years no violations, they dont know I exist, I want to keep it that way
[/TD]
[/TR]
[/TABLE]Grumppy Thanks this. -
for starters u don't need a log book or anything of that nature other than a daily vehicle inspection report. if u don't run over a 100 air-mile radius, no log book is needed, then it being agricultural transporting crops from the field to the elevator there's another exemption; no HOS is used on this. if the DOT officer stops u, a log book is the farthest thing from his mind that he's interested in; knowing that ur grossed out if not more, he's going for overweight trucks. so all that hoo haa about HOS for that type of work goes right out the window. i'm doing that type of work myself right now near natchez.cowboy tmc and Grumppy Thank this.
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