Can my boss tell me to come back to work before my 10 hrs off? Looking for clarification.

Discussion in 'Trucking Industry Regulations' started by Straz, Jul 18, 2018.

Do I call in? This is a fun poll.

Poll closed Jul 18, 2018.
  1. Heck ya! I'm past probation anyway

    0 vote(s)
    0.0%
  2. (maybe think about it) Poor choice because your new, but you are in the clear now, so ya do it!

    0 vote(s)
    0.0%
  3. Nah, make money man! Better to call in Friday and enjoy the weekend anyway!

    2 vote(s)
    50.0%
  4. Absolutely not young man!

    2 vote(s)
    50.0%
  1. Straz

    Straz Bobtail Member

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    Jul 18, 2018
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    So we can work as much as we want, so what is considered under the 14hr mark and when should it start, where is the discern between that? I work on the dock before I go out to drive, so how come it doesn't start when I actually drive?

    Not sure if that helps.
     
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  3. Straz

    Straz Bobtail Member

    25
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    Jul 18, 2018
    Midwest
    0
    I definitely appreciate it and will check it out, for now I need to try and sleep, 8:30 is coming fast.
     
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  4. Opus

    Opus Road Train Member

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    This is how it works......
    You have 14 hours per day. You may drive up to 11 hours within that 14 hour time period. Once you go on duty, the clock starts and can not be stopped. At the end of 14 hours, you may continue to work as long as you wish; but you can not drive. Once you're done for the day, you must be off for 10 consecutive hours before you can begin another 14 hour clock.
    So, you can come to work at 0600 and work the dock for 2 hours. Get in your truck and drive for 11 hours. Go back on the dock for another hour......now your 14 is up. You Can Not Drive. You may continue to work the dock as long as you wish, but you can not drive until you've been off for 10 consecutive hours.

    49 CFR 395.2

    On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
     
  5. Jazz1

    Jazz1 Road Train Member

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    Email safety. You need to keep records. Phone calls are worthless unless you record them
     
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  6. x1Heavy

    x1Heavy Road Train Member

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    And buy a big fat one inch thick Journal Book hard cover. Something about 15 inches tall and 9 wide on lined paper. (A bible store usually have a stock of very good long keeping books of that kind.)

    This is the one book you will spend a little time writing down documenting any issues that come up in your unpaid work completed, complaints, accidents or conflicts with HOS or just plain mean onery Dispatchers talking trash hoping to provoke you into doing something stupid so they can fire you. Name names, who said exactly what when, and what time, where most especially with phone numbers to them directly and why. And how. (Satellite, verbally etc)

    It's a little bit of work. But that book when opened in front of the correct people for a particular conflict will hold in stone some truths. It's going to determine how things go from there really quick in your favor or against you.
     
  7. ZVar

    ZVar Road Train Member

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    Ok, here is the On-Duty definition...
    On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

    (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
    (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
    (3) All driving time as defined in the term driving time;
    (4) All time in or on a commercial motor vehicle, other than:
    (i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
    (ii) Time spent resting in a sleeper berth; or
    (iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
    (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
    (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
    (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
    (8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
    (9) Performing any compensated work for a person who is not a motor carrier.



    Now I highlighted the one that would apply for the car trip. Personally I would call the compliance (Maybe called safety there) and have them edit the logs to show the on-duty time. I can guarantee you they will not be amused the terminal manager told you to forget you were working....
     
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  8. Opus

    Opus Road Train Member

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    LOL......oh yeah.....you're gonna pizz off the manager, but it kinda looks like he hasn't gotten the message yet. Maybe this time he will
     
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  9. tucker

    tucker Road Train Member

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    Why didn’t you use the 16 hour big day exemption?
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    That's not a exemption I use.

    To wit, I had a female dispatcher (Generally gender does not matter to me in dispatch, but this one became a royal ##### and made sure that I am a uneducated trucker who was too stupid to log 16 hours exemption that she demanded of me)

    It's a very special exemption and maybe used once every 10 years for particular reason. Not to resolve common workday 30 hours needed to do things and only 14 to get it all done basic problems.
     
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  11. tucker

    tucker Road Train Member

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    I do agree it ideally should only be used for unexpected delays.... but if it would have gave him the hours to get back ... maybe just use it this once
     
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