An FMCSR question

Why is everybody always blaming CA for anything bad that happens to a FEDERAL rule or reg?

La Hoodie isn't from CA....it is his concept and probably pushed through by PATT or MADD dimwits!

 

So does that 1/2 hour mandatory break count against your 14? or are you allowed 14.5 hours daily when it takes effect?

 

Still 14.

In their minds we take out 10 the same time everyday. Therefore better rested. Make it 14.5 and their whole plan would be ruined.

 

http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

It is the restart deal that gets me...

I am not a fan of the ATA what so ever, but they are pushing back against the new HOS.
Hopefully there will be some serious revisions made.

 

-otherhalftw

Because that particular rule started in California. CA likes to be "different".

-LBZ

Couldn't agree with you more LBZ. Here's the interesting thing. The ATA needs to fight this, because this affects those carriers specifically. They leave drivers (students) all over the country sitting to be able to service customers...and as long as 24 hours don't expire they don't have to pay them layover pay. If they are taking a 34 hour reset, they also don't have to pay them layover pay. See? So companies that hired excessive numbers of drivers without the business but wanting the capacity were screwing everyone and the driver always had a fresh 70 available so the company could run them hard for a short period.

I don't like the ATA's reason for wanting to fight it, but I hope they do get it changed. In our industry, for those not being exploited by the ATA, slow freight requires us to efficiently use our time so it makes sense if you have to wait for a load to take a reset so you can run. This is definitely an aspect that I believe was caused to change the "competitive" difference between local and OTR working conditions... or Union vs Independent, if you will. This makes Owner-Operators work the same way a Company Driver may be told to work, union or not.

This basically mandates business conditions that have nothing to do with safety, and in my opinion jeopardizes it by not allowing someone to take a reset when they need to be rested for an upcoming job. This removes the O/O's/Co.'s flexibility to efficiently run themselves. If you look, it's not a rule, it's a prohibition of using rules of the FMCSA, hence it can be considered a restraint of trade, and is being contested by OOIDA as well as the ATA.

 

Do away with the 70/8 rule ALL TOGETHER. All problems solved. If you want to sit at home, sit at home, if you want to work, the 11/14/10 will keep you safe. What the hell is so hard to understand about that and why do some see the need to insert their union driven wants into an industry policy that is only about 15% union?

This is what happens when you let "smart academia morons taking 'ideas' from high power bosses" set rules and regs. No doubt this post will get bounced due to a "comment in the wrong discussion board"

 

You are going to have to show me where there is a rule about taking a 30 minute break somewhere along your 11 hour drive here in CA. If you are talking about some CHP or coop SAYING you "can't possibly sit a full length tour without a break"....then that is what it is....someone giving their opinion. Just because fat boy can't manage to go without his mandatory (by union rules) donut and coffee, doesn't deserve to have that donut...let alone the coffee!!!!

 

Well, that still leaves a bunch of non-union businesses that still like to control markets with regulation manipulation, such as what the ATA can be capable of.

I hope not, otherwise motives for particularly confusing regs won't be discovered if all discussion of motives is kept in a political folder where a lot of people don't like to go because of the denigration of discussion.

 

Start Here http://caltrux.org/node/1450

and then go here: http://www.truckinginfo.com/news/news-detail.asp?news_id=76653

I'm aware of it because one of my employers with runs to CA made me aware of it for logging purposes. It will be challenged, undoubtedly, but we were notified by the employer, that CA CHiPee's were enforcing this as a logging violation and that while in CA to make sure we logged appropriately.

Hope this helps clarify and maybe helps protect you going through the coops.

 

Appreciate that!

Isn't it interesting that a driver from Michigan has to inform the CA based company driver about CA stuff!!!!!

Just sent off an e-mail to our Safety to confirm the company position and how they are dealing with this issue!!!!!

Thanks!!!!!