E-log vs time clock

J Man · Mar 24, 2017

styro said: ↑

Not to get into an augument but the 100 mile short haul exemption is not that complicated. Pretty simple actually. From FMCSA's "Interstate Truck Driver's Guide to Hours of Service of 2015.pdf found here: https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers_Guide_to_HOS_2016.pdf

What Are the Primary Exceptions From the Logging Requirements?
*100 Air-Mile Radius*

You are not required to fill out a log with a graph grid if you come under the 100 air-mile radius exception (see p. 3 for explanation of “air miles”). The 100 air-mile radius exception applies for any day in which you:

Drive within a 100 air-mile radius of your normal work reporting location,

Return to your work reporting location and are released within 12 consecutive hours, and

Follow all other basic hours-of-service rules including the 10-hour off-duty and 11-hour driving requirements.

Your motor carrier must keep time records of the times you report for and are released from work each day, and the total hours on duty each day. You do not have to have these records in your truck.

This exception is optional. For example, you and your employer may choose to use a logbook even though you are within the 100 air-mile radius, so that you do not have to be released from work within 12 hours that day.

The motor carrier that employs the driver and utilizes this exception must maintain and retain for a period of 6 months accurate and true time records showing:
1) the time the driver reports for duty each day;
2) the total number of hours the driver is on duty each day;
3) the time the driver is released from duty each day; and
4) the total time for the preceding 7 days in accordance with Section 395.8(j)(2) for drivers used for the first time or intermittently.

This regulation is found in Section 395.1(e)(1).

I recommend every new driver, or any driver who doesn't understand the HOS, download the pdf. I found it to be much more helpful than the fmcsa.dot website.

Click to expand...

We tried to make short haul exemptions work but it was a nightmare. You'd skip the 30 break thinking you were short haul then you'd either work over 12 hours or get sent too many miles and then you are automatically in violation. On paper, we didn't have any of our dirty changes, and then when the 30 min rule started they didn't want us taking it unless we worked over 11 hours or something like that...But you never knew until it was too late and suddenly you are over the limit for no break and you can't go back in time to take it. Non cdl holders running dispatch and safety departments just a recipe for disaster.

MACK E-6 · Mar 24, 2017

HotH2o said: ↑

Your buddy don't sound so smart. I get my dispatch for Monday on Friday. According to your buddy I'm on duty all weekend? I don't think so.
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I'm not buying that either.

Are you supposed to have an ELD in your car now?

MACK E-6 · Mar 24, 2017

Alaska76 said: ↑

Absolutely wrong, as soon as you clock in, you log in. What they have you all doing is absolutely against regulation.
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Correct.

That's what our company is telling those of us who have switched over to the ELD. They want you logged in within 15 minutes of punch time.

poppapump1332 · Mar 24, 2017

nax said: ↑

SIDENOTE:

One of my O/O friend told me a few days ago that.....get this...

If you are dispatched while at home (i.e. go get the truck and go)....the time between getting that dispatch, and driving your PERSONAL VEHICLE, and including all the pre-trip/fuel/paperwork etc....is considered ON-DUTY/NOT DRIVING.

I was like "huh?"

Basically, 14hr clock starts when you accept the dispatch, not when you open the door of the 18-wheeler.

So, if you live more than 10 mins away from where you park the truck....u losing time off the 14hr clock already.
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not true lol

Chasingthesky · Mar 25, 2017

nax said: ↑

SIDENOTE:

One of my O/O friend told me a few days ago that.....get this...

If you are dispatched while at home (i.e. go get the truck and go)....the time between getting that dispatch, and driving your PERSONAL VEHICLE, and including all the pre-trip/fuel/paperwork etc....is considered ON-DUTY/NOT DRIVING.

I was like "huh?"

Basically, 14hr clock starts when you accept the dispatch, not when you open the door of the 18-wheeler.

So, if you live more than 10 mins away from where you park the truck....u losing time off the 14hr clock already.
Click to expand...

The simplest definition of on-duty is this, straight from the regs..

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.

There's other stipulations and clarifications but none of them explicitly involve being dispatched and none of them involve a personal vehicle unless you're on your way to or from a drug/alcohol test or are being compensated for your time.

395.2 Definitions

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.395

x1Heavy · Mar 25, 2017

J Man said: ↑

Hey all. Was wondering about something.

My employer pays us off of a time clock but we have ELD in the trucks. The issue is they never match. Lot of slip seating, yard work, shop time, while not logged into ELD. Today I have 12 hours before 70 on my time clock but ELD says 16 available. Problem, company expects us to go by what the ELD says but if I were in an accident or something they would pull the time clock too, right? It gets a lot worse. According to time clock I've worked a 15 hour day, and a 17 hour day, but by only using the ELD in the vehicle when it was actually rolling down the road everything looks fine, as far as employer cares, because ELD looks legal.
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If there is a accident. EVERYTHING stops at that moment, If you survive or not your life will be examined microscopilly. Then your company's own does or does not gets really examined under a bigger and hotter spot light.

You brought up something important. Hours worked or working. If you cannot get a match, make a match.

BE PREPARED to find another employer. Some companies dispose of you for being too lawyer-smartish playing with time clock issues. That they know #### well they can get more work out of you potentially abusing or breaking HOS law.

MACK E-6 · Mar 25, 2017

Some companies may do that, but a good one won't. Our Safety Dep't WILL back a driver when it comes to this sort of thing.

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