HOS Local Driver

Discussion in 'Trucking Industry Regulations' started by crackinwise, May 29, 2013.

  1. crackinwise

    crackinwise Medium Load Member

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    I am a local driver and do not need to use a log book for my HOS. Now I have to run out of state to pick up a load so Ill be switching over to log book rules. So my question is when I switch to log book Ill be leaving out at 5am. The first page of my log book will show off duty from midnight until 5 am (5 hours).. Should I start my log book on page 2 so I can show my full off duty period? Or since Im making the switch it will be "understood" that the first page only shows 5 hours off duty but time cards at work can prove the off duty time not shown in the log book?
     
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  3. CondoCruiser

    CondoCruiser The Legend

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    State lines are not a log kicker as long as you stay within the 100 mile radius. Once you go outside the circle you must log and you must show the previous 7 days. You can accomplish that with one logbook page. What the DOT is concerned about is you had a 10 hour break prior to driving outside the circle.

    Let's say today is the day you have to log. The first log page would be yesterday's date and show what you have done that day as on duty not driving then show going off duty. Then down in remarks write "Local Exemption Intrastate Driving Only, 5/22/2013 thru 5/24/2013 and 5/27/2013 thru 5/28/2013, Off duty 5/25/2013 - 5/26/2013". But make sure you show a 10 hour break between last night and this morning. Also show a minimum of a 15 minute pretrip inspection on duty not driving to cover that. Then you are good to go.

     
    Last edited: May 29, 2013
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  4. RickG

    RickG Road Train Member

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    You will have to show your hours for the past 7 days . You don't have to fill it out in a log book but should have copies of time sheets to verify it . The time cards should work as long as you clocked out before 7 p.m. the previous day .
     
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  5. CondoCruiser

    CondoCruiser The Legend

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    Yeah that will work too if you can get copies or already have them.
     
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  6. crackinwise

    crackinwise Medium Load Member

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    Thanks for the info... I will be outside the 100 mile radius with this trip so Ill be using a log book. Another poster mentioned having to show my hours for the previous 7 days.. If I am understanding you correctly I can log that all on the first page using the local intrastate exemption? Or should I bring time sheets as well and just log the previous 24 hours?
     
  7. crackinwise

    crackinwise Medium Load Member

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    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.


    This seems to indicate that I only required to posess my duty status for the day I no longer qualify for the exemption... If I am reading this right, and I probably am not..lol, the example is if I started my day under the exemption and part way through the day I have to go outside the 100 mile radius I can retroactivly complete a log book record for that day going back to my on duty time???
    Of course that still would only show from midnight until my start time, which will be 5 am, as off duty for that log book record. I guess Ill be better off over doing things and bringing time sheets and a log book record so that I am ok.
     
  8. Scalemaster

    Scalemaster Heavy Load Member

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    You ONLY have to have log sheets for the days you do not qualify for the 100 mile exemption.

    If, after you start your day, you find you cannot meet the exemption, then you have to go back to midnight and start that day's logs. You do not have to have your previous days, if they met the exemption. But, no not make log sheets showing off-duty for those days you met the exemption. You were not off-duty.
     
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  9. RickG

    RickG Road Train Member

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    You may only need log sheets for that day but you must still show hours for the past 7 days to prove you are under 70 hours in 8 days .

    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.8&guidence=y
     
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  10. crackinwise

    crackinwise Medium Load Member

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  11. CondoCruiser

    CondoCruiser The Legend

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    If they start their day at 5am how do you prove they had 10 hours off duty if you have no knowledge of the previous day?

    How is it different from someone that has been off a month and starts a new job. Every company I've started with and I'm sure others will say the same is they make you fill out a log sheet for the previous 7 days.


    The only way to meet that rule is to document on RODS.


    A local driver is exempt from 395.8 but the moment he goes outside the circle he is held accountable for 395.8 as he is not exempt any more. He has to meet 395.8 k2



    As you see question 4 and 16 are in a direct conflict with each other as #16 is suppose to mean you don't have to recap on RODS but they don't say that. A recap doesn't tell a leo your off duty time. I don't see this no different than the personal conveyance rules. The rules were put together in bits and pieces and they create grey and confusing areas. They either tell you conflicting statements or don't cover a topic thoroughly. IMO they need to rewrite them where a person doesn't have to jump around several pages to put the pieces together. If they were cut and dry they wouldn't have FAQ's with 500 questions.

    Scalemaster has more thorough training but we have to live by the rules. They just enforce them. A piece of paper, do I or I don't? Filling one out isn't going to hurt a thing.

    I wish Meltom would chime in. He works directly with log compliance.
     
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