explain the 16 hour rule for OR drivers Please.

Discussion in 'Trucking Industry Regulations' started by sheestagirl, Jun 12, 2009.

  1. sheestagirl

    sheestagirl Bobtail Member

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    May 15, 2008
    New York
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    Please Don't Shoot the Messenger!!!
    Company told a driver to use the 16 hour rule if needing more than 15 mins. to get to destination but only use that rule 1x a week. Is this legal for an over the road driver to use this rule? I believed that rule was only for local drivers,that drive under 100 mile radius..
     
  2. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    Not true unless the driver operates a property carrying vehicle and is released from duty at the home terminal. See 395.1(o) below. To use this exemption, all three conditions below must be met.

    TITLE 49
    TRANSPORTATION CHAPTER III
    FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
    DEPARTMENT OF TRANSPORTATION
    PART 395
    HOURS OF SERVICE OF DRIVERS
    Table of Contents
    Sec. 395.1
    Scope of rules in this part.

    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of Sec. 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 Sec. 395.3(c).

    395.3(a)(2) is the 60/70-hour rule, and 395.3(c) is the 34-hour restart. If the driver is using this exception then he/she must return to the home terminal before the 16th hour, and it may only be used once per week. So essentially you are correct in that you can't use it to make a delivery unless you can legally return to the home terminal withing that time frame, and have done so every day for the previous 5-days. As a general rule, only a local driver may use this as an OTR driver usually doesn't return to the home terminal every day.

    From a retired federal DOT official.
     
    KillingTime, xlsdraw, x1Heavy and 3 others Thank this.
  3. dancnoone

    dancnoone "Village Idiot"

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    Mississippi
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    You really didn't add anything to the ruling, maybe some simplification.... But ! At least I understand it fully now. :biggrin_25520:
     
  4. Kabar

    Kabar Road Train Member

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    Pell City Al
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    Once again a company is telling lies to a driver who thinks that if the company said it it must be true. OR is to afraid of losing there job to tell them WRONG.
     
    KillingTime, x1Heavy and truckwhispers Thank this.
  5. Stevens Sucker

    Stevens Sucker Light Load Member

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    Jan 7, 2008
    charlotte nc
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    Kabar hit the nail on the head. I dont trust a fleet mgr for anything, look it up for your self and KNOW what you can and can't legally do, and dont be afraid to let them know you know
     
    Wade68 Thanks this.
  6. Mr-Clean

    Mr-Clean Bobtail Member

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    Feb 9, 2011
    Worcester, MA
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    But what if a regional road driver does get back to thier terminal everyday? Does it make a difference what kind of truck your in??
     
  7. Mike Munn

    Mike Munn Bobtail Member

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    Feb 9, 2011
    Hattiesburg, MS
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    The regulations does not stipulate what type of truck is required to use this exemption. Only that you have to meet the criteria as psanderson has posted.

    In my opinion the regulation is meant to be for a driver that works from the same terminal each day, and one day a week he may get an extra load. or for that same driver to reach his 14th hr on duty and only be a few minutes up to 2 hrs from reaching his home terminal. This allows the driver to return home and finish his day as long as not exceeding the 11hr driving regulation.
     
  8. Linkster53

    Linkster53 Bobtail Member

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    Apr 11, 2016
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    So no matter what he has to return home in order to use the 16 hour exemption?
     
  9. DrFlush

    DrFlush Heavy Load Member

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    Mar 22, 2011
    Upstate NY
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  10. Rocknroller4

    Rocknroller4 Medium Load Member

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    How does it work when you are close to depleting your driving time and you have 10 minutes to park. What if you can't find a place to park? What then? This would be for an OTR driver.
     
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