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

Discussion in 'Trucking Industry Regulations' started by trucker3573, Dec 3, 2011.

  1. x1Heavy

    x1Heavy Road Train Member

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    Guns have nothing to do with Laws in trucking.

    I enjoyed the Pharisee references to the dear Leadership of the DOT Agency who have never been in much less driven a inch under the laws they enforce. If I was in power, I would have purged them and put truckers into that position.

    Morality has nothing in our Laws. It's essentially a Federal Register that grows thicker each year while gradually criminalizing anything one can choose to do in life.
     
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  3. JLMooreKCMO

    JLMooreKCMO Light Load Member

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    If you don't drive you could be on duty as much as you want
     
  4. Northeasterner

    Northeasterner Medium Load Member

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    well you know the old Soviet saying, "everything not explicitly permitted, is forbidden"
     
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  5. BigBluePeter

    BigBluePeter Heavy Load Member

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    Dont know if anyone else has said this but once you got on your yard you are no longer driving because you're on private property. You would only be in violation if you had gone back on a public right of way. This is how yard dogs can be driving all day and never be in violation.
     
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  6. Daboe87

    Daboe87 Bobtail Member

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    Someone just said you could work over 70 hours a week and that's what I thought. I thought this was true as long as I wasn't driving past the 70 hours for the week. But my company just told me 2 days ago that they see on my logs that I have violated the 70 by being on duty past it. This upset me because I swore that I could be on duty past the 70 but if this were true then the ELD wouldn't have picked up the fact that it was a violation. I only did it once every since I have been driving. It won't happen again. I also looked up the 70 hour rule and it did state that their is no on duty after the 70 but you can only be on duty past the 14 for each day.
     
  7. dibstr

    dibstr Road Train Member

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    Really? What rule was that?
     
  8. ZVar

    ZVar Road Train Member

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    No you didn't, as there is no such rule.
    There is only one regulation that deals with how long you can be off duty and it only applies to team driving. There are zero regulations on how long you can be on duty. Every other regulation in 395 deal with how long you can drive, based on a number of factors.
    Simply put, whatever you read was wrong, or you read it wrong.

    Here is the regulation dealing with the 60/70 hour clock.
    From https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395

    § 395.3 Maximum driving time for property-carrying vehicles.
    (b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after -

    (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

    (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
     
  9. MACK E-6

    MACK E-6 Moderator Staff Member

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    They’re full of #### and only playing the CYA game.

    All that matters is your drive time. Don’t drive after the limits, and have the requisite time off before you drive again.

    You could legally work in the yard for 100 hours straight spotting trailers if you wanted to. You would just need a 34 before you could go out on the road again.
     
  10. m16ty

    m16ty Road Train Member

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    At the end of the day the FMCSA Has no jurisdiction over private property. You could drive a truck on private property 24/7 and they couldn’t do a thing about it, you wouldn’t even have to have a CDL.
    Now they can say when you are legal to drive on the road after your time on private property, because you still have to have your rest period after you clock out.
     
    Last edited: Mar 27, 2022
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  11. SomeWeirdGuy

    SomeWeirdGuy Bobtail Member

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    https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395

    On-duty time
    means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

    (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

    (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;

    (3) All driving time as defined in the term driving time;

    (4) All time in or on a commercial motor vehicle, other than:

    (i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;

    (ii) Time spent resting in a sleeper berth; or

    (iii) Up to 3 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 7 consecutive hours in the sleeper berth;

    (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

    (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

    (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;

    (8) Performing any other work in the capacity, employ, or service of, a motor carrier; and

    (9) Performing any compensated work for a person who is not a motor carrier.
     
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