HOS rules for part time gig

Thanks M. There is very little FMCSA guidance specifically dealing with education or internships so a clear answer isn't possible without some professional speculation. That said, I can draw two different conclusions from the guidance that is available.

First, FMCSA clearly excludes time spent as a volunteer firefighter from hours of service calculations with the idea that although work, it is volunteer in nature and outside their scope. So one could argue that an unpaid internship is similar enough.

Second, FMCSA makes mention in a few guidance documents about being compensated or not is not a factor in determining if hours of service regulations apply, so that could be construed to counter my first argument.

If it were me, and I can't say this is legal, but I would work the internship and drive as long as it is not fatiguing me. The absolute guiding principle is "thou shall nit drive fatigued" which overrides even the hours of service exclusions and waivers.

So if you can do both while obtaining appropriate rest then go for it. Is it legal, that remains to be seen, but having been on both sides of the aisle in Court I could make a convincing argument either way if need be.

My professional advice would have to be write to the FMCSA and ask for clarification but that can take years before they reply.

 

The question is what is compensation? It could be argued the experience gained is the compensation and thus would count towards your 70. It could also be ruled that it's volunteer work, and thus fine to do both. As @brian991219 stated this is something that you might want to contact FMCSA about. There is nothing clear cut about the question in the regs or guidance.

 

I think the only way to do a side gig would be to haul hay or agriculture product within 300 mile radius of your home and no logging required. If I’m wrong I’d like to hear. Haven’t done it yet but I’m thinking about it.

 

Does the internship count as work toward a degree or certificate?

if so, it is compensated work.

 

I agree 100%. I will repeat this is really closer to a technical item. Personally, if this were me I would do my other gig and drive and not worry about the HOS rules. For the record, this LINK is something all you active drivers should save. The FMCSA has field offices all across the US and they are really good about answering questions like this. I have made contact with the Southern Service center many times over the years. Every time I have got my answer within minutes.

I have no opinion either way!

 

I have an opinion. Do what you have to do, don’t overthink it. If I help my neighbor rake leaves, and they teach me how to repair my garage door, does it count against my 70? You’re not Driving while Interning. Be safe.