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Hours of Service Question...

Discussion in 'Questions From New Drivers' started by yankeefan, Oct 3, 2015.

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  1. Oct 3, 2015 #1
    yankeefan

    yankeefan Light Load Member

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    As many of you know I was trying to get a job with any motor carrier, but due to an old felony many companies told me NO. The ones that did say yes were low balling me on the pay. Nonetheless, I found a job driving straight trucks(pay is very good) and I'm home every day except once a week when I stay in a hotel (paid by the company) because I work my 14 hrs. I come back to the company the next day, clock out and come back to work the next day. I work 6 days, but lately I've been working 60-65 hrs in 5 days and the company is telling me that I need to work my 6th day!!!. I told them that by "law" I'm way over my hours and they say that I'm not because they work the 70 hours/8 day rule. The thing is that the company is closed on Sundays!!!! How can they use this rule? I do use paper log since I'm driving over 100 air miles. Can someone explain these rules to me in baby terms so I could have a fighting chance with this company. I keep telling them that I'm not getting enough rest to keep driving and they are not hearing it. Thank you in advance.
     
    yankeefan, Oct 3, 2015
    yankeefan, Oct 3, 2015
    #1
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  3. Oct 3, 2015 #2
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Yeah, officially the rule is 70/hrs eight days etc. But I don't think a LEO along side the highway inspecting you will be concerned with your co's operating hrs. etc. However in case of a serious accident and a lawsuit, a crafty lawyer will tear you apart in the courtroom for violating this rule. When I lived in Ca. officially we could drive 12 hrs with no log book under 100 air mi daily, however, we were constantly told to "get one more load" and ended up driving 14-15 hrs a day. I argued with management this is not a problem until I'm involved in a nasty accident that ends up in court and I will be the one defending ( or trying to defend) myself why I was driving over my 12 hrs when accident occurred. I refused to do it and was not fired, because they knew I was right. Us drivers need to know the rules better than management. Good luck !
     
    Allow Me., Oct 3, 2015
    Allow Me., Oct 3, 2015
    #2
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  4. Oct 3, 2015 #3
    Moose1958

    Moose1958 Road Train Member

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    First thing. Unless FMCSA has changed this, a company can self determine if they are a 60 or 70 hour company. I have worked for both. The other question is very simple. DON'T VIOLATE FMCSA REGULATIONS. Trust me on this one. No company will back you up if your only excuse is they made me do it.
     
    Moose1958, Oct 3, 2015
    Moose1958, Oct 3, 2015
    #3
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  5. Oct 3, 2015 #4
    Jerry12

    Jerry12 Heavy Load Member

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    Their Office maybe closed...but their Customers maybe open. (keep it simple)
     
    Jerry12, Oct 3, 2015
    Jerry12, Oct 3, 2015
    #4
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  7. Oct 3, 2015 #5
    Florida Playboy

    Florida Playboy Road Train Member

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    Sounds like they don't understand HOS or don't want to. Print out the HOS regulations and show them.
     
    Florida Playboy, Oct 3, 2015
    Florida Playboy, Oct 3, 2015
    #5
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  8. Oct 3, 2015 #6
    fortycalglock

    fortycalglock Road Train Member

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    Who cares if they are open on Sunday. That has nothing to do with HOS. You are fine doing a 70/8 as long as you are getting a 34 hour reset. The company knows more thank you. You can do 70 hours M-F take the weekend off and be 100% legal.
     
    fortycalglock, Oct 3, 2015
    fortycalglock, Oct 3, 2015
    #6
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  9. Oct 3, 2015 #7
    yankeefan

    yankeefan Light Load Member

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    If they could self determine which to use, then does it mean that I should keep working up to the 70 hrs?
     
    yankeefan, Oct 3, 2015
    yankeefan, Oct 3, 2015
    #7
  10. Oct 3, 2015 #8
    Florida Playboy

    Florida Playboy Road Train Member

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    His problem is that he's already at 60 or 65 hours at the end of the 5th day. Unless he'll work no more than a five or ten hour shift on the 6th day he'll be over his 70.
     
    Florida Playboy, Oct 3, 2015
    Florida Playboy, Oct 3, 2015
    #8
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  11. Oct 3, 2015 #9
    fortycalglock

    fortycalglock Road Train Member

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    Right, so he'd actually have a real point to make for scheduling the amount of work on the sixth day instead of saying he's over with 62 hours
     
    fortycalglock, Oct 3, 2015
    fortycalglock, Oct 3, 2015
    #9
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  12. Oct 3, 2015 #10
    Moose1958

    Moose1958 Road Train Member

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    I edited my reply. If your company is a 7 day company you are fully legal to go to 70.
     
    Moose1958, Oct 3, 2015
    Moose1958, Oct 3, 2015
    #10
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