Am I wrong?

Discussion in 'Trucking Industry Regulations' started by jhguitar87, Mar 10, 2017.

  1. jhguitar87

    jhguitar87 Light Load Member

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    Aug 6, 2014
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    I have read and understood the 30 minute break regulation and my understanding is I can not drive past 8 hours without taking a 30 minute break. I went on-duty at 2am for pretrip inspection, drove until 10am (8 hrs on the money) and went on-duty for my post trip. There is no violation, but yet my company thinks I violated my hos.

    It'ssimple, I can work more than 8 hours without a dot break, I simply cannot continue driving until I've taken it. I did not drive anymore that day.

    Am I completely wrong about the whole thing? I already shoved it in there faces that they are wrong. Now I'm just trying to prove I'm not crazy.
     
    tinytim and NavigatorWife Thank this.
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  3. w.h.o

    w.h.o Road Train Member

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    You're right, you can continue working after 8 hours, you just can not drive. Sames goes with the 11 hours and 14 hours and even the 70 hours rule.
     
  4. jhguitar87

    jhguitar87 Light Load Member

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    I was going to say, I've been a trainer for over a year with a previous company and id have been quite disappointed if I misguided all my students. Thank you! New company is #######es.
     
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  5. jhguitar87

    jhguitar87 Light Load Member

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    The company is retarded, I had a hard time representing the daylight savings time on paper logs and they somehow figured I averaged 80+ mph that day and wrote me up for speeding in a 64 mph truck... Idiots.
     
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  6. noluck

    noluck Road Train Member

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    As long as you didn't drive! You could have worked another 16 hours if you wanted.
     
  7. BUMBACLADWAR

    BUMBACLADWAR Road Train Member

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    Ya,youre Right.Also,say you drive 7hours 59 minutes and park (finish for the day).Aslong as truck stays parked,you can do 30 minute post trip,then go work on the dock.Just cant drive anymore till 30 minute break.
     
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  8. aussiejosh

    aussiejosh Road Train Member

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    yes you are correct your allowed to do other work just no driving trucks
     
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  9. Just passing by

    Just passing by Road Train Member

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  10. ZVar

    ZVar Road Train Member

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    This exactly. The hos rules only limit drive time. There is not a single rule that limits amount of time one can work, just how doing said work affects how much longer one can drive after non-driving work is done.
     
  11. NavigatorWife

    NavigatorWife Road Train Member

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    The problem lies with companies log depts not having a clue in how to figure out what the law is really saying. Husband has driven weird hours and stopped on the 8 for the end of his day and without taking a break. They are probably afraid of getting a violation if someone goes that minute over and they get caught with it on the records.

    For newbies out there, you do have to watch how soon you take the 1/2 break also,if taken too soon, you may have to take another one down the road if there is going to be more than 8hr between the last stopping point and the place you plan to stop.

    Here is the FMSCA website summary of HOS regulations:
    https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations

    This is also the website with the PDF Interstate Truck Drivers Guide to HOS:
    https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers Guide to HOS 2015_508.pdfite:


    and what it says about the 30 min break on pg 4 of the booklet.

    Thirty-Minute Rest Break:
    The hours-of-service regulations require that if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-duty break of at least 30 minutes before driving. For example, if the driver started driving immediately after coming on duty, he or she could drive for 8 consecutive hours, take a half-hour break, and then drive another 3 hours for a total of 11 hours. In another example, this driver could drive for 3 hours, take a half-hour break, and then drive another 8 hours, for a total of 11 hours. Because of this short break provision, drivers are able to work 13.5 hours in the 14-hour period (if they are driving after the 8th hour on duty). The driver must be off duty for at least a half hour. Meal breaks or any other off-duty time of at least 30 minutes qualifies as a break. This time does count against the 14-hour driving window, as allowing off-duty time to extend the work day would allow drivers to drive long past the time when fatigue becomes extreme. In addition, FMCSA has also added an exception for drivers of commercial motor vehicles carrying Division 1.1, 1.2, or 1.3 explosives to allow them to count on-duty time spent attending the commercial motor vehicle, but doing no other on-duty work, towards the break. This 30-minute break is further explained in greater detail throughout this document, particularly as it relates to the 11-hour driving rule. FMCSA does not enforce the 30-minute rest break provision [49 CFR 395.3(a)(3)(ii)] against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e) (1) or (2). Specifically, the following drivers are not subject to the 30-minute break requirement: All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1). 5 Interstate Truck Driver’s Guide to Hours of Service This exception (395.1(e)(1)) applies for any day in which a driver: • Drives within a 100 air-mile radius of his/her normal work reporting location; • Returns to his/her work reporting location and is released within 12 consecutive hours; and • Follows the 10-hour off-duty and 11-hour driving requirements for property-carrying CMVs. Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2) are also exempt from the 30-minute rest break.
     
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