explain the 16 hour rule for OR drivers Please.

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

  1. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Yes. The regulations say the "driver" must return to the normal work reporting location to be released from duty...not the truck. Likewise, the FMCSA regs only state that you cannot "drive" after being on duty for 14 in a day, 70 in a week, or if you've already driven 11 hours. It says nothing that would limit on-duty NOT driving time, other than you cannot drive after you've racked up 70 hours in 8 days. In other words, if you stop driving at the 14th hour and stay on the clock (on duty not driving) for several more hours, you have not used the 16 hour exception because you have not DRIVEN after the 14th hour. So long as you have returned to the same starting location to be released from duty on the previous 5 days as well as all of the other requisites, you can use the 16 hour exception to get home the next day.
     
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  2. Heliophobe

    Heliophobe Bobtail Member

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    Thank you all for your help and patience. Much appreciated. I understood it, my company confused me, changed their policy, confused me more and you guys got my head straight.
     
  3. ZVar

    ZVar Road Train Member

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    Overthinking this anyway.
    You can be on duty 100 hours if you want. You simply cannot drive until a 34 is taken (70 hr clock).
    You can work 13 hours, travel (even drive yourself, as long as it's not a log regulated cmv) 4 hours away on duty, go off duty for 10 hours every single day and not be in violation.
    What would cause a violation is if you tried to drive a cmv after getting back to where the truck was picked up at.
     
  4. ZVar

    ZVar Road Train Member

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    Dangit, I missed PD's reply, which says it much better.
     
  5. The badguy

    The badguy Bobtail Member

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    If a company gives you a load knowing you are going to need to use the 16th hr rule is that legal.. I understood the rule as if your on your way back to home domcile and traffic of weather occur then you can use the 16th hr to make it back.. Not to be used for the company's purpose but only the driver's to get home..
     
  6. Sublime

    Sublime Road Train Member

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    Two different rules. Adverse Conditions rule is different than 16 hour rule. We have a run we use the 16 hour rule weekly due to a not-long-enough layover period.
     
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  7. ZVar

    ZVar Road Train Member

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    IF you are talking about the 16 hour once a wekk exemption for local guys, then yes. It's 100% legal to "pre-plan" that laod.

    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §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 §395.3(c).
    No mention of planning, adverse conditions, etc. Still no more than 11 hours driving. Yes, it's designed to get a local driver home if, say the truck blows a tire on the 13th hour. But there is nothing that says that is the only use of it.
     
  8. Joseph France

    Joseph France Bobtail Member

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  9. Joseph France

    Joseph France Bobtail Member

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    A OTR driver should be able to use the 16 hour rule to get to a safe haven especially when the company will not let you park there overnight for 10 hours
     
  10. tucker

    tucker Road Train Member

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    If they gave you 16 then you would want to work an 18 hour day.
     
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