HOS Compliance Scenarios

That is precisely what the driver did who creamed Tracy Morgan's limo bus.
No jail time.

 

I was thinking of that very same scenario

 

The advice above is correct. If you are Non-CDL driving short-haul (under the 150 miles radius) -CDL (100 mile radius) you do not need to use a logbook, but your secondary work hours do need to be put toward your total hours within the 70 hour rule. This may be difficult for an officer to account for, but if ever a DOT investigation takes place, the investigator will take notice of ALL hours. Also, if you do happen to go over the exemption radius, just remember it's good practice to have logs filled out for 7 days previous handy to avoid conflict with officers or tally your hours, letting the officer know about about the short haul exemption.

FMCSA: Interstate Truck Driver's Guide to Hours of Service
100 Air Mile Radius Rule:
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).

 

As I recall that's the exact scenario with the Walmart driver that crashed into Tracy whatshisname's limo. Poor judgement all around but HOS legal because he was was commuting, not working, and driving a car, not a commercial vehicle. You're correct that the prosecution used it against him but it was not illegal per the DOT. And Walmart did settle a lawsuit, but the're far from "finished".

 

You can still work the 2nd job and do the short haul exemption....
As an example you start the 2nd job at 6:00am and work until 9:00am. You can do the driving job and not have to log at as long as you keep under the mileage (115 miles) and finish the driving job before 6:00pm. (12 hours from coming on-duty) You just need to let the motor carrier know about the time at the 2nd job, as they have to keep a record of it.

And as others have said, the 2nd job counts for the 70, and you do NOT need to take a 10 between both jobs.
You do need to know when you started the 2nd job and cannot drive after 14 hours of starting it. Following the example above, start at 6:00am to 9:00am at 2nd job. You can then drive until 8:00pm that night and then you can no longer drive until the required break is taken.

 

This is partially correct, assuming you are a non-cdl driver for the 150 air-mile radius, it would be 100 air-miles for a cdl driver. Also, what this advice fails to account for is if the total elapsed time from the start of your first job to the end of your second job is greater than 12 hours then you would need to complete a log sheet since the short-haul exemption is calculated by three criteria;

Remaining within the appropriate air-mile radius depending upon the class of vehicle you are operating

No more than a 12 hour duty shift that starts from and ends at the same place (now this is a grey area since you will have two jobs with different employers you may not be able to use the short haul exemption)

One other piece of bad advice, you do not need 7 previous days of logs for the occasional time you would go outside the short haul exemption criteria, you would only need the log page for the day you are actually operating outside of the parameters. No other documentation is required to be in your possession to prove compliance with Part 395 for short haul drivers.

Also, all the hours spent working at both jobs will count towards your 60 or 70 hour clock, and it is up to the employing motor carrier to decide which weekly clock you use. If you happen to work for multiple motor carriers then it is the full time, or one you work the most hours for, that determines which weekly clock you use for both jobs. Last, remember you will still have to have 10 consecutive hours off duty from the end of work until you start your driving and can not drive past the 14th hour from whenever you started, no matter if it was your non-driving job or driving job that started first that day. If you leave from and return to the same place every day you are also granted 1 day that you can drive up to the 16th hour (with a cdl, 2 such days with a non-cdl vehicle), however you would have to log those days since they are greater than 12 hour tours. Keep in mind, to be legal you will have to let the motor carrier know about your other work, and give them a report of your hours worked including start and finish times, each day before you can drive for them.

Here is the guidance from the FMCSA on the subject of multiple jobs and on the short-haul exemption from 49 CFR Part 395
Part 395.2 Definitions, On-Duty Time
Question 111: Must non transportation-related work for a motor carrier be recorded as on-duty time?

Guidance: Yes. All work for a motor carrier, whether compensated or not, must be recorded as on-duty time. The term “work” as used in the definition of “on-duty time” in §395.2 of the Federal Motor Carrier Safety Regulations (FMCSRs) is not limited to driving or other non transportation-related employment.

Part 395.8 Record of Duty Status
Question 11: Is a driver who works for a motor carrier on an occasional basis and who is regularly employed by a non-motor carrier entity required to submit either records of duty status or a signed statement regarding the hours of service for all on-duty time as “on-duty time” as defined by §395.2?

Guidance: Yes.

Question 20: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

 

Short answers, I went into more detail in my earlier post in this thread.

Scenario 1 would require you to give your motor carrier employer a statement of all the hours worked at your other job including start and stop times each day before you could be dispatched. Depending on the hours worked at you other job you may not qualify for the short-haul exemption and may need to log the entire day including your other job. Yes, a 10 consecutive hour break is required, but not necessarily between jobs, just once you have reached your 14th hour since starting (even if it was you non-driving job that was earlier in the day).

Scenario 2 would require you to log on-duty not driving from the moment you started your non-driving job until you finished your driving job, unless they were not worked in the same day, then you could give the motor carrier a statement of hours worked and start/stop times, but for roadside inspections it would be easier to just complete a log book.