explain the 16 hour rule for OR drivers Please.

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

  1. x1Heavy

    x1Heavy Road Train Member

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    11 hours driving, 14 hours total before 8 hours then you have maybe 2 hours until midnight end of log day and moving into day two with something like 9 more hours of driving. Follow me?

    There has been talk of a 16 hour day, however that was to be used maybe once a year under a very very specific emergency suitably documented and forwarded with approval. To try and use it routinely is to undercut and cheat HOS law and cause me to consider your company a bit of a dirty outfit.

    Let's stick to what HOS demands daily for OTR up to 70 hour work week. 11 and 14 before 8 off. Lets avoid confusing people with little details that really do not apply.

    8 hours off means you are either in your sleeper berth or physically AWAY from your truck commuting HOME. What part of off does your company not understand? If they are paying you to be off, fine. Log off at the truck and go home.
     
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  3. Heliophobe

    Heliophobe Bobtail Member

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    I am not OTR. I have 11/14/10/70.

    The little detail of if the truck has to be with me at the starting point is the sticking point for the application of the 16hr rule according to the company.
     
  4. Heliophobe

    Heliophobe Bobtail Member

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    example:
    Day1 13 hrs start/stop with truck at start location

    Day2 13 hrs start/stop with truck at start location

    Day3 13 hrs start and end at start location but leave truck part way through day and take a taxi back to start location. Get paid hourly till i get to my car

    Day4 is the 16hr rule available?

    And it gets more complicated when day 3 is over 14 or 16 hrs but logged out of truck before 14.
     
    Last edited: Apr 6, 2017
  5. x1Heavy

    x1Heavy Road Train Member

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    Your one day through three days recap will say 39 hours burnt. That makes it 31 hours remaining (Available) for day 4.

    Does that help? You will be dead on the HOS the 6th day roughly.
     
  6. ZVar

    ZVar Road Train Member

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    Here is the regs on the 16 "local driver" exemption.

    There is nothing in there about the truck it's self. It's all the driver.
    So yes, you can leave the truck parked at a customer, take a taxi to the terminal and clock out. The only thing to watch out for is the taxi ride should be On-Duty, not driving as you are still working. If you went off duty, I could see an leo, and even a court saying "well, that's where you stopped working, so since you did not get back to the terminal you are in violation." If you are on eld, you might have to stay on-duty, log out of the truck and when back at the terminal log into another truck long enough to go off duty...
     
  7. Heliophobe

    Heliophobe Bobtail Member

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    So can they have me work 14, drop the truck and travel for 3 hrs to the car for a total of 17hrs? then the next day say use a 16hr?
     
  8. x1Heavy

    x1Heavy Road Train Member

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    *Bangs head.

    *Grumbles.

    Dam you. LOL ( Teasing....) Ok fine. If you worked 13 hours each of your three days day one through 3 and you were running additional time commuting home to and from the freaking truck, that goes into the logbook too. (On duty.)


    FMCSR Sec. 395.1(j) states:

    "when a property-carrying commercial motor vehicle driver, at the direction of the motor carrier, is traveling but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off-duty when arriving at destination"
     
  9. x1Heavy

    x1Heavy Road Train Member

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    I need to understand the following problem in addition to your

    Day 1 13 hours in the truck driving and on duty etc.

    Day 2 13 hours

    Day 3 13 hours etc

    How long does it take you to get to and from your house to your truck and vice versa each of those three days?

    Give me a ball park number and then we will go from there.
     
  10. Heliophobe

    Heliophobe Bobtail Member

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    trust me, i get it. i am you talking to the company. they dont pay me to travel home. they pay me to travel from whereever i left the truck back to where i picked it up.

    when i drop the truck they say they can run me as long as they want for travel. if i drop the truck after 13 hrs i sometimes travel for 4 hrs for a total of 17. sometimes longer.
     
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