Another HoS question

Discussion in 'Canadian Truckers Forum' started by AModelCat, Feb 13, 2017.

  1. AModelCat

    AModelCat Road Train Member

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    So last week I was coming up close to 70 hours on duty for the week. I still had plenty of time to make it home though. A co-worker was trying to tell me that there is some rule that allows you to exceed the 70 hours on duty to get home (as told to him by a previous company safety officer apparently). So obviously my first reaction was to call bull#### because I'm about 99% sure that such a rule does not exist. Am I right or totally wrong on this?

    Also where can I find the federal HoS regulations? I can't seem to find anything online.
     
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  3. tinytim

    tinytim Road Train Member

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    You won't find that rule in the HOS.

    It's what we call an unwritten rule.
     
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  4. AModelCat

    AModelCat Road Train Member

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    So I guess wrestling a track back onto a machine to keep a customer happy isn't a valid excuse to use the adverse conditions exemption in section 76 is it?

    Sarcasm :p



    I really wish our dispatchers understood that we need to follow the HoS. I got a strip tore off me that day because I refused to drive to another job afterwards.
     
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  5. not4hire

    not4hire Road Train Member

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    Yeah, he's full of it... sort of. ;)

    Yes, there is a provision to extend driving time in excess of the limits applicable to the Cycle and location of the driver (south of 60*, Cycle 1, 13/14/70). It is Section 76 EMERGENCIES AND ADVERSE DRIVING CONDITIONS.

    Driving time can be extended by up to 2 hours, with a corresponding reduction in the following off-duty time required. So, if a driver extends their driving by 1:15, they would only need to be off-duty for 8:45 instead of 10. If the driver has already taken their non-consecutive 2 hours off-duty they still need a minimum 8 hours off-duty.

    HOWEVER, it can only be used per the definition of EMERGENCIES AND ADVERSE DRIVING.

    ...means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them.
    So, no, just because you're running behind, have cabin fever, miss your girlfriend, or encountered a normally expected winter blizzard, you don't get to drive 2 more hours. AND, if using the exception, you must pull into the first available place to do so.

    In addition to the already posted links here are two more. One to a PDF version of NSC Standard 9 (HOS) and one to an Application Guide that addresses the regulations in a more lay-person friendly and question-and-answer format. The Application Guide also provides lots of log book example of both compliant and non-compliant entries.
     
    Last edited: Feb 13, 2017
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  6. not4hire

    not4hire Road Train Member

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    Something else that can be useful is the Deferral (Section 16). You cannot exceed your shift limits (16/14/13), nor your 70, but you can exceed your daily limits by deferring up to 2 hours of required off-duty time to the following day.

    2 day totals:
    Off-duty time is at least 20 hours
    Driving time cannot exceed 26 hours

    Day 1 (maximums, not contiguous, shift limits still apply)
    Drive/On-duty up to 16 hours
    Off-duty 8 hours consecutive​
    Day 2
    Drive/On-duty up to 12 hours
    Off-duty 12 hours (10 hours consecutive)​

    This is useful if you need to make an appointment time, or, like I used it (A LOT), at the end of the week to get home earlier if taking time off.

    Thursday is your Day1 and then Friday your Day 2. If you take more than the required time off on Day 2 (taking a reset for example) you don't have to add the 2 hours deferred. Therefore a reset would still be only 36 hours, not up to 38.​
     
    Last edited: Feb 13, 2017
  7. AModelCat

    AModelCat Road Train Member

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    The deferral is pretty neat. I haven't been in a situation where I've needed to use it yet though. We rarely put in more than 12 hours in a day.
     
  8. Macneil

    Macneil Heavy Load Member

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    Two log books fix that problem lol

    Man, I don't miss that part of highway trucking.
     
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