Can I be forced to use 16 hour rule?

No they can not.

 

To answer your question, NO, you can not be forced. If you are fatigued, you are protected under §392.3 Ill or Fatigued Driver. You can however be on duty up to 16 hours, but only if you comply with the terms of §395.1 of the FMCSR.

Property-carrying driver. A property-carrying driver is exempt from the requirements of § 395.3(a)(2) if:
(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by § 395.3(c).

http://www.fmcsa.dot.gov/regulations/title49/section/392.3

http://www.fmcsa.dot.gov/regulations/title49/section/395.1

 

They expect to get the use of every hour u got. but if you're being forced,its time to turn your keys in.

 

There is no limit to the duration of your on-duty status. The only limitation is that you may not DRIVE a CMV after 14 hours since you first went on duty until you complete a 10 consecutive hour off duty period. This can be extended to 16 hours for drivers who return to their work reporting location daily, have not taken a 10 hour break without returning to the work reporting location in the last 7 days, and MUST use the 16 hour exception to return to the work reporting location. If you take your 16 and don't make it back, then it's a violation.

Again, you can be on duty for as long as the company wants you to be, you just cannot DRIVE beyond that 14 hours without a 10 hour break.

edit: The 16 hour exception can only be used ONCE in a 7 day period.

 

That's a great question, Fatback. Although it doesn't seem right to me, I know of several companies that will regularily try to force drivers into 16+ hour days... and there's not a lot we can do about it other than find a better company to drive for. I've only been doing this for four years, but it has amazed me how many companies will try and push drivers to run illegally and/or beyond their personal limits. Good luck with your situation.

 

Not entirely true...

"except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by § 395.3(c)."


This means it could be used on a Friday, reset over the weekend then use it again on a Monday.

 

You can only be forced if you let them....

 

As fast as the DOT makes new rules or tries to enforce the current rules these companies try to get around them .

..... be very afraid