Confused about hos for "locals".

Discussion in 'Questions From New Drivers' started by Mehsurewhynot, Sep 2, 2021.

  1. ZVar

    ZVar Road Train Member

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    Not always. For example half the time after I punch in on the time clock my truck isn't in the yard. Company doesn't care if I go across the street to the gas station and get a coke. That's not on duty....

    And once again, common sense doesn't matter when it comes to the law. What is written is what matters.
     
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  3. MooreTransport

    MooreTransport Bobtail Member

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    Where do I find one of them? Red is my color...
     
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  4. Moose1958

    Moose1958 Road Train Member

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    For the purposes of being accurate in the face of some of the Graduates of the Truck Stop School of Law that make comments in TTR let me make this one small correction to post #16 and18. Part 395.1 (e)(iv) does not actually state "time cards".

    (iv) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (A) The time the driver reports for duty each day;
    (B) The total number of hours the driver is on-duty each day;
    (C) The time the driver is released from duty each day; and
    (D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.


    I don't generally mess around with local situations but what I have come to understand is regardless of the way the time is measured, there MUST be a way to comply with this rule. Since most businesses try to make these records simple I suspect the drivers are also paid by whatever method is used to comply with this section. Local businesses are allowed to use this as a way to record HOS!
     
  5. Moose1958

    Moose1958 Road Train Member

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    You know she is actually a trainer introducing him to the world of trucking!
     
  6. Wasted Thyme

    Wasted Thyme Road Train Member

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    But you reported for duty. Started your work day. Your 14 started. Even if you went off duty immediately.
     
  7. ZVar

    ZVar Road Train Member

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    Just an fyi. Every company I've worked for, and every company friends and family works for that is local still uses eld, even though we qualify for for the exemption.
    I don't know how common that is around the country.
    So pay and time card is completely separate from hos in those cases.
     
  8. ZVar

    ZVar Road Train Member

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    That's correct for the 14, yes.
     
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  9. Moose1958

    Moose1958 Road Train Member

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    Well, you can go off duty, but once you are off duty for 10 hours you will get a fresh 14.
     
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  10. Rideandrepair

    Rideandrepair Road Train Member

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    When I punched a clock, Working 5 days a week, on 60 hr. 7 day logging schedule. They keep time cards in lieu of a Log. If I worked more than 12 hrs. A log would need to be filled out, showing 10 hrs local driving, with 5 hrs on duty not driving. And 2- 1 hr lunch breaks. Yes sometimes I clocked 17 hrs. IT WAS LEGAL. For a while , I worked 4 days. Wednesday and Weekends off. I’d get off work early on Fridays. Because I’d hit the 60 hr. Max. The best part was getting paid 72 hrs. for 60 hrs work. Instead of 70, since it was overtime after 8, instead of after 40. Always got my 60, because I hustled. Others gave Me the nickname “Milkman”. Claimed I milked the clock. Lol. I worked hard, often skipping lunch.
     
  11. Ridgeline

    Ridgeline Road Train Member

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    Actually that’s correct but it is the FMCSA guidance. The state goes farther than that, any work is on duty as part of a drivers “work” day. This has been addressed with Michigan department of labor back in (iirc) 1998.

    If you have a driver that sits watching tv or does other non-trucking work but compensated for the time or are “on the clock” (the activity doesn’t matter at this point except for driving) then drives, they can not drive beyond that 14 hours of work limit. They can work far beyond that but they can’t drive until there is a break - ten hours is recognized in Michigan and other states.
     
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