HOS Confusion with local work?

Love the rules that allow employers to run the workers to death, just because the official rules allow for it.
And the drivers that let themselves to be pushed that hard.


There a few jobs in this country that anyone would work being required to work those kind of hours.

 

I read your posting just a few minutes after you wrote it. I was going to answer it then but decided to hold off and see what got posted in the way of comments afterward. YOU are FULLY subject to the HOS regulations found in 395.3! With one noted exception because you are local and that is found in 395.1 (e) as it relates to the length of your work day! Speaking of that 100-mile thing. IT DOES NOT!!!! say you can go past the HOS time as regulated by 395.3 ONLY how such time is recorded. You also CAN NOT go past the 60/70 hours on duty either and drive EVEN if you take a 10-hour break.

I also know of NO state intrastate rule that applies to property carrying (none farm operation) that allows a driver in a none emergency situation to go past those MAXIMUM hours noted by 395.3! 395 talks about Alaska and Hawaii, however, these exceptions are for how things are recorded.

Hand! I am going to state this as clearly as I can. You are playing fast and loose with your career here. If you get into a serious accident and the authorities later determine you were regularly going past your available hours you are going to be cited AND most likely added as a defendant in a lawsuit.

There is absolutely NO CONFUSION on this issue or grey areas. Your employer is VIOLATING the regulations by allowing you to do it. @brian991219 is a contract regulatory compliance person and I used to do this some myself. Both of us have CVSA training. I also HIGHLY advise you to make contact with the state office of the FMCSA nearest you and ask this question IF you do not believe me.

 

If he's driving a truck and a pup, this might apply....§395.1(m)....Construction materials and equipment....
Vehicle used to transport construction and pavement materials, construction equipment, and construction maintenance vehicles. To or from active construction site. Stay within 50 air-miles of normal work reporting location. Does not apply to vehicles placarded for hazardous materials.
Exemptions....24 consecutive hours off duty restarts... 60-hour/7-day... or 70-hour/8-day limit.

 

There are a handful of states with intrastate rules that still allow 15 hour days, 8 hour breaks and up to 12 hours driving time. The catch is, you must be truly intrastate, which is likely the case hauling sand, gravel and construction materials. The exception I could see is building supplies that orginated out of state, they would still be interstate commerce even for the final mile (local) deliveries because the intent of the delivery was known when the material was ordered from the out of state supplier.

As Kemosabi asked, we need to know the state this local driving is in, as well as the commodity. What is a "material hauler", it could be many items and some items outside agriculture products do enjoy exceptions to hours of service is a few states.

Here is an example of very permissive intrastate rules in Texas. They specifically exclude intrastate operations from compliance with most of the FMCSRs.
Texas Administrative Code

To clarify the posts about short haul exception, that is probably the most misused and misunderstood exception. It is not a blanket exception from hours of service compliance, rather is is just an exception from using a log book provided that you stay within the guidelines on distance travelled and time worked.

 

I am ignorant of intrastate rules and freely admit this. I still have a doubt even intrastate a driver can drive 80 hour weeks and over 16 hours at times.

 

We can drive 15 hours in Alaska + plus 5 on duty for a taoal of 20 a day.
Driving local we do not need to fill out a log book, UNLESS we run over 12 hours, then we are required to use a log book.

 

I agree, most states try to follow the federal rules for simplicity. Now, that said, a truly local driver even in interstate commerce does have a long day option and can have a 16 hour duty cycle once a week (twice in a non-cdl vehicle). They are still limited to 11 drive hours, 10 off-duty and the 60 or 70 total.

I believe two or three states, would have to check my reference material at the office, do allow 80 hour/7 day intrastate totals.

As for interstate drivers, except Alaska and Hawaii they all have to follow the basic 11,14,60/70 cycles unless hauling an special commodity with special rules.

Where it gets real condusing for intrastate commerce is when you are dealing with the non-cdl required commercial vehicles. Most states treat them the same as a large commercial vehicles, but 15 do not, with some fully exempting them from all of Parts 300-399 and others only exempting them from medical and hours of service compliance.

 

As it was explained to me by our safety department... As a non CDL driver, using the 150 mile rule, I can be on duty for 16 hours, but I am limited to 14 hours drive time and I'm exempt from keeping logs. The company is responsible for keeping accurate start/on duty/drive time/off duty/end times based on my reporting. BUT....I can not do this on consecutive days. Even if I take 10 off, that doesn't re-start the clock, meaning they just can't push back my start time each day and keep me legal. If I take 10 or 8 (legal) off duty, when I come back on duty, I am subject to 11 drive and 14 on duty (CA rules). Then I can do 14/16 the following day. I run the Keep Truckin app anyways to keep accurate logs. Itrastate runs over 150 miles I have to keep logs (although not ELD) and am SUBJECT to the same 11/14 as everyone else in CA intrastate commerce. If I drive out of state, and I have on a few occasions, I am subject tp the same 10/12 as everyone else and I'm required to have an ELD in the truck.

 

As a non-CDL driver, if I remain totally intrastate here in CA, I'm exempt from the medical card. If I go out of state, I have to have a medical card. And I do have a DOT medical card just for that purpose.

 

A pup and trailer is usually agriculture use as far as I've known. Pic from Google.