Dot Hos Question

Discussion in 'Trucking Industry Regulations' started by Mp066777, Nov 4, 2022.

  1. Mp066777

    Mp066777 Bobtail Member

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    I work as a fulltime route salesman for a chip distributing company and I am unsure if the 60-7/ 70-8 applies to me or if I am exempt. I keep reading conflicting information online.

    My drivetime per week is under 15 hours per week, and spend less than 50% of hours worked. I also have a part time job(not sure if that matters)
     
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  3. ‘Olhand

    ‘Olhand Cantankerous Crusty

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    What are you driving and how far away(straight line) is the furthest business you service from your origin point??
     
  4. Mp066777

    Mp066777 Bobtail Member

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    Nov 4, 2022
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    Its a non cdl transit van that drives no more than 50 air miles.

    I found this:

    Who is a ‘driver-salesperson’?

    A ‘driver-salesperson’ category of employee is defined in Part 395 as someone who is employed solely by a private carrier of property by commercial motor vehicle. What this entails is not moving another motor carrier’s goods for hire.

    You must be engaged in selling goods, services, or the use of goods. You may be delivering by commercial motor vehicle of the goods sold or provided, upon which the services are performed.

    You must remain entirely within a radius of 100 miles of the point at which you report for duty.

    You must also not devote more than 50% of your hours on duty to driving. As an FYI, the 50% of driving in the definition of driving time is determined on a weekly basis.

    I fit that status but im unsure of when it says:

    ‘driver-salesperson’ category of employee is defined in Part 395 as someone who is employed solely by a private carrier of property by commercial motor vehicle. What this entails is not moving another motor carrier’s goods for hire."


    It says i cant move another carriers goods but does it also mean i cant work another job?

    I know this exemption doesnt apply to 99% of the users here but any help is greatly appreciated.
     
  5. ‘Olhand

    ‘Olhand Cantankerous Crusty

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    Less than 50 miles makes logging irrelevant
    Just need to keep time card
    Start/Finish
    As for as for 60/7 or 70/8
    Choice is yours
    Use whichever worx for you
    Ooops one thing I didn’t ask...
    Do you cross a state (s) line??
    And Yes you can work another job...theoretically your sposed to count all working hours together
    As for other carriers...that is using the transit ban to haul others goods...as in for hire
     
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  6. snowwy

    snowwy Road Train Member

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    If vehicles roll 7 days. 70/8 applies.
    If vehicles roll 6 days. 60/7 applies.
     
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  7. Ridgeline

    Ridgeline Road Train Member

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    OP, you are overthinking all of it.

    First it doesn't matter if it a non-cdl van, if it is under 10,000 lbs GVWR, then you are in a van.

    So ... You are in a van, without hazmat, no HOS is needed.

    Period.

    Expediters travel hundreds of mile and only when there is a hazmat load is when they log.

    NOW here is the catch, it gets more complicated with the over 10,001 lb GVWR van, this is where it goes down two paths, one is under 100/150 air radius and the other is over.

    Over you will have to log, under you won't.

    AND if you do have to log, all work time no matter what job you are working at goes against the HOS clock, ALL. HOURS.

    The bigger question is this - does it really matter?

    Nope, not really because the states could say intrastate - no logging for delivery vans.
     
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  8. Eight Omens

    Eight Omens Light Load Member

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    I am looking into some of this as well. I got hired on to haul a flatbed with crane parts to the job site (all less than the 100 mi). Once on site I will be working on the ground rigging. What I researched is that the 11 hours still apply and I can only work 14 per day with 10 off. The way this is tracked as opposed to a log is my timecard and the 8/70 will still apply. If I am incorrect, please let me know.
     
  9. tscottme

    tscottme Road Train Member

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    If you are required to have a CDL and operate under HOS, then all work done for compensation counts against your 60/70 hour clock. It doesn't matter if you work as a cashier, hotel maid, bouncer at a bar, or speed bump. ALL WORK done for compensation.
     
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  10. tscottme

    tscottme Road Train Member

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    Crossing a state border has not mattered to the FEDERAL Short-Haul HOS in decades. I'm not saying it NEVER did, but it has not mattered since maybe the 1990s or 2000s. If someone is using their own state's HOS that is a different matter and I'm not talking about that.
     
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  11. Accidental Trucker

    Accidental Trucker Road Train Member

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    You need to distinguish between WORK and DRIVING. You can WORK 24 hrs a day and 365 days a year and never violate HOS, as long as you don't DRIVE. HOS only limits when you can DRIVE, not when you can WORK.

    You can rig and run a crane all week for as many hours as you want. Those hours have to be logged, and when you drive, those hours have to stay under the 70/14/11/8 hr clocks.

    As said, ANY compensated work counts as "on duty" and much be logged as such, but the HOS do not limit the amount of on duty time, just driving.
     
    Bean Jr., tscottme and Hammer166 Thank this.
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