1. vongrimmenstein

    vongrimmenstein Light Load Member

    52
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    Oct 18, 2008
    Indianapolis, IN
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    A driver has worked the following hours.

    Sunday 10-12 0.0
    Monday 10-13 9.75
    Tuesday 10-14 10.25
    Wednesday 10-15 10.25
    Thursday 10-16 9.75
    Friday 10-17 9.5
    Saturday 10-18 9.5
    Sunday 10-19 0.0

    Total hours 59.0

    No 34 hour reset allowed. Uses 60/7 rule.

    On Monday 10-20, will the driver have enough hours to complete an 8 hour shift?

    If not, what would be the first day the driver will have 8 hours available to complete their shift?
     
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  3. notarps4me

    notarps4me Road Train Member

    10,311
    5,253
    Jan 1, 2007
    NASA HQ
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    You can go back 8 days. What you did on that day you have available after midnight.
     
  4. Lurchgs

    Lurchgs Road Train Member

    2,122
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    Feb 13, 2008
    Denver, CO
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    Notarps - he said 60/7 rule.. as opposed to the 70/8 rule most of us use


    Going back 7 days allows the driver in this example 10.75 hours on Monday (assuming the math is correct and that it really does add up to 59)

    I'm just curious why a 34 is disallowed
     
  5. RickG

    RickG Road Train Member

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    Jul 22, 2008
    Owensboro , KY
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    Man , you must really be looking for an excuse to have Monday off . You posted this in 2 different forums on another site . The FMCSA inspector that was selected as Safety Investigator of the Year , told you YES , you have hours available . Accept it .
     
  6. dancnoone

    dancnoone "Village Idiot"

    9,922
    3,713
    May 6, 2007
    Mississippi
    0
    Don't ask a math question without providing all the information related to the problem.

    Your answer is MONDAY.

    Additional information not provided.....

    What time you finished on Saturday. What time you will start on Monday.

    Assuming you have a "regular" shift schedule. You will get a 34 hr reset every week....DUH

    This is so simple it makes me scream. The only issue here, is your stop and start times on Saturday and Monday.
     
  7. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
    0
    If your carrier has an operation every day of the week your answer is yes under the 70/8 rule. If your carrier does not operate each and every day of the week the answer is no as you would be using the 60/7 rule and you are already at 59. The rule (395.3) states that drivers for carriers that do not operate every day of the week must use the 60/7 rule. If the carrier operates every day of the week then the driver has the option of using the 70/8 rule however it is permissible to use the 60/7. Since the 2002 rules change though, I cannot see a driver for a carrier that operates every day of the week to use the 60/7 day rule assuming the 34-hour restart.

    From a retired federal DOT officer.
     
  8. Lurchgs

    Lurchgs Road Train Member

    2,122
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    Feb 13, 2008
    Denver, CO
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    psanderson.. ok.. I'm confused. Under the 60/7 rule, wouldn't the previous Monday fall off, leaving the driver with 10.5 hours in which he can work THIS monday?

    Or are you saying that he can't use a 34 because he's on 60/7 (which, if I read the book correctly,IS permissible)

    Or - probably more likely - are you saying that the days the company doesn't work are immaterial to the Log..

    I'm soo confuuuuuused! My tiny little trucker brain is about to slag
     
  9. dancnoone

    dancnoone "Village Idiot"

    9,922
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    May 6, 2007
    Mississippi
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    It's a matter of mathmatics again. It's 60 hours in 7 days. He has his 60 hours, spent his day off. His week starts again on Monday. Monday is actually his 8th day. He would pick up all hours from the previous Monday. And since he rarely works more than 10, or less than 9. Yes...he has the hours to complete an 8 hr shift.

    The ruling says no reset. But the majority of drivers that do 60/7 actually get 34 hours plus off duty, some actually get 60 hours in 5 days. If he finishes his week at 6 pm on Saturday (or Friday), doesn't report to work until 7am on Monday. He would have to exceed his mandated HOS in order NOT to be able to come in on Monday.

    Although I suspect his company is a 24/7 company, as most are. There are the exceptions.
     
  10. Lurchgs

    Lurchgs Road Train Member

    2,122
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    Feb 13, 2008
    Denver, CO
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    that's what I thunk and posted earlier - but psanderson has me all confused, because he stated that because the driver was on 60/7, he would NOT have time to drive Monday.

    I'm also confused about the "ruling" - did they change it to state that 60/7 drivers aren't allowed to claim a 34? Or is that just a part of the scenario here?
     
  11. RickG

    RickG Road Train Member

    12,812
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    Jul 22, 2008
    Owensboro , KY
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    If he goes back the previous 6 days Tuesday 10-14 through Sunday 10-14 his total hours are 49.25 , correct ? Then explain why he would not be able to work Monday 10-20 8 hours which would total 57.25 hours in 7 days .
    Tuesday 10-14 10.25
    Wed. 10-15 10.25
    Thur. 10-16 9.75
    Fri. 10-17 9.5
    Sat. 10-18 9.5
    Sun. 10-19 0
    Mon 10-20 8.0

    7 day total 57.25

    Then for Tuesday he would go back six days and his hours worked in the past 6 starting Wednesday which would subtract the 10.25 from the previous Tuesday from the 57.25 7 day total . That would give 47 hours in the past 6 days leaving 13 hours available Wednesday and so o the rest of the week .
     
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