Hours of Service: Can I Go Over 14 Hours in the Company Yard?

395.3 FMCSR

(a) ... nor shall any such driver drive a property-carrying commercial motor vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours off-duty;
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty...
(b) ...nor shall any driver drive a property-carrying commercial motor vehicle... for any period after—
(2) Having been on duty 70 hours in any period of 8 consecutive days ...

Re-stating the rule:
- You may not DRIVE more than 11 hrs after 10 hrs off-duty
- You may not DRIVE after the 14th hr after coming on-duty following
10 hrs off-duty
- You may not DRIVE after being on-duty more than 70 hrs in 8 days

You can work or be on-duty 24/7, the DOT (Department of Transportation) does not care. They only regulate and limit the DRIVING of CMV's.

Once you are over the hours limits you can WORK all you want to. You can work over 70 hrs in a week. You just can't DRIVE (even on private property - yard) until you get another 10/34 hrs off-duty.

 

Well I'm not an LEO...in fact far from it but what your askin is correct. When you drove in your yard you can go on duty not driving and still go over your 14 hours and not be in violation but you must take a full 10 hour brake before you can drive again.
Simple rule; you got 14 hours to drive 11, you cant drive past the 14 hour clock, but you can be on duty not driving past the 14.

 

Minor correction to your statement...

When you drive a CMV ANYWHERE, even on private property, it is DRIVING time.

395.2 Interpretaton Question 9: A driver drives on streets and highways during the week and jockeys Commercial Motor Vehicles in the yard (private property) on weekends. How is the yard time to be recorded?

Guidance: On-duty (driving).

 

Just gonna get nit-picky here, this is just guidance of an interpretation question. So much like personal conveyance it can be interpreted many ways. So really it should say something like it SHOULD BE driving time.

 

This is way too common.

I've probably debated five different people on this since I started school. Even my trainer is convinced he can't do any work past his 14. I've tried to convince him otherwise, but what do I know?

The Idaho and Washington CDL manuals are no help either:

Q. How many hours may you legally drive?

Expected answer: 11

Q. How many hours may you legally be on duty?

Expected answer: 14

 

Yes it is

He is in error. One way to explain it to someone is to have them read part 393.3 (Or all of 395) and have them show you where it states you cannot work (On duty not driving) past 14 hrs. Scalemaster already quoted the part, which states that one cannot DRIVE past the 14th hr.

CDL manuals generally do not address HOS

As written the "Expected answer" is incorrect. You can be on duty as Scalemaster stated 24/7 or for that matter you can be on duty from now until you have dirt thrown on your face. You just can't DRIVE past the 14th.

 

There shouldn't be any debate on this one...FMCSA regulates DRIVING hours, not WORKING hours (on duty)...

per the FMCSA FAQ page:

D-1. May a driver be on duty for more than 14 consecutive hours?

Yes. A driver may remain on duty for more than 14 hours; however, the driver of a property-carrying CMV cannot drive after the 14th hour after coming on duty. Also, the additional on-duty time will be counted toward the 60/70-hour on-duty limit.



http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp#_Toc111021248


One of my newer employees rolled into the yard once right at then end of his 14 hour window and said "can't legally touch the truck again, I am outta hours, see ya"...WRONG! You can't DRIVE anymore until you have had a 10 hour off duty break, but you can work another 24 hours straight if needed as long as you don't drive a CMV. Back to work sucka!

 

FMCSA Regulatory Guidance, or Interpretations, have the weight of law.

They are clarifications of regulation, and are based on case law.