Hi all,
Just a quick question about the NEW HOS that went into affect on Jul 1, 2013. The Company I drive for says I cannot use the Restart provision at all, even though I am home on Friday's and leave back out on Sunday's, thus having 34+ hours off-duty. I was recently introduced to the Drivers Daily Log (DDL) Software and have noticed that the new HOS is embedded into the software.
I was written up but my Company 11 times in OCT. for being over my 70 hours in 8 days even though I had the proper time off according to the Rules and reg. imposed by the FMCSA. When I asked the compliance person about the rules, she said "The ATA says to the throw the 34 hr. restart out the window, that it doesn't pertain to us". My Question is this; Isn't the FMCSA the governing body in the trucking world? I think so, so why should they be listening to the ATA. I clearly showed her the mistakes from there side and she disagreed with me.
My next option is take my logs the FMCSA field office here in Ohio and have them check my logs for mistakes since my company stills I am wrong. I have been using the same recap sheet for the past 10 yrs. when the 34 restart rule was first implemented. Why would in change.
Am I correct in this matter? Because I think I understand the better than our company compliance lady.
Thank you
Meatball
HOS
Discussion in 'The Welcome Wagon' started by Meatball, Dec 17, 2013.
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The 34 hour restart has to include two periods from 0100-0500.
Other than that the lady is making up excuses and she needs to stop listening to the ATA. The FMCSA is the governing authority.
Tell her to read 395.3 of the regulations.
https://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.3 -
Thank you Condo for such a fast response. I mentioned that to her and that is what she said about the ATA. Since when did the ATA make rules and regs? I will still fill out my recap as I have been doing for the past 10 yrs and taking my restarts. I have DDL on my laptop that I carry with me and will be using it to make things simple for me. I think she also needs to see it work too.
Again Thanks. -
you do understand the new provision of 2 periods of time off from 1 am to 5 am
doing like you done the last 10 years doesn't apply
if you get off 6 pm fri you cant get a restart ubtil 5 am sun
if you get off 7 am on fri you cant get a restart until 5 am sunMeatball Thanks this. -
Thank you Sir for your input. The 34 hr. restart basically is same as it was when it was first done in 2003, only with the 2 exceptions of the two(2) periods of 1-5 am, and the 168 hours. But you still have to take them consecutively I understand the Reg. 100% but our compliance person does not.. Thanks for the response.
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didn't want to insult you but in july it seemed to confuse half the fleet
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