Hours of Service Question...

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

  1. yankeefan

    yankeefan Light Load Member

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    WHAT???? Every driver in this company is at their home on Sundays. So what the company's customers are open?
     
  2. yankeefan

    yankeefan Light Load Member

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    How can I get that information that should pertain my company?
     
  3. yankeefan

    yankeefan Light Load Member

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    I work different schedule M-S and Sundays off. For example:
    Mon start at 3 am until 2 pm
    Tue start at 5 am until 2-3 pm
    Wed start at 5 am until 2-3 pm
    Thurs start at 3 am until 5 pm (stay in hotel)
    Fri start at 4 am until I get to the company at usually 1:30 pm
    Sat start at 5 am until 3 pm
    How would this schedule fall with any of the HOS?
     
  4. scythe08

    scythe08 Road Train Member

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    All the info you need is right here.
    https://www.fmcsa.dot.gov/regulations/title49/section/395.3
    Regs 395.3
    (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.
     
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  5. not4hire

    not4hire Road Train Member

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    From the Guidance for § 395.3: Maximum driving time for property-carrying vehicles.

    Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?

    Guidance:
    Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.

    Question 2: Does a driver, employed full time by one motor carrier using the 60-hours in 7-days rule, and part-time by another motor carrier using the 70-hours in 8-days rule, have the option of using either rule in computing his hours of service?

    Guidance:
    No. The motor carrier that employs the driver on a full-time basis determines which rule it will use to comply with §395.3(b). The driver does not have the option to select the rule he/she wishes to use.

    Question 3: May a carrier which provides occasional, but not regular service on every day of the week, have the option of the 60 hours in 7 days or 70 hours in 8 days with respect to all drivers, during the period in which it operates one or more vehicles on each day of the week?

    Guidance:
    Yes.

    https://www.fmcsa.dot.gov/regulations/title49/section/395.3?guidance
     
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  6. fortycalglock

    fortycalglock Road Train Member

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    You're getting 10 hour breaks and a 34 hour reset. What's the problem? Your company is on the 70/8. If you don't like the hours, see if they'll work with you or find another job.
     
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  7. dedrouteCO

    dedrouteCO Medium Load Member

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    They don't operate motor vehicles every day of the week so they can't be on 70/8 if I'm understanding the laws correctly.
     
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  8. Florida Playboy

    Florida Playboy Road Train Member

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    What if you work for a company that has both a local and OTR fleet? The OTR trucks run 7 days a week but the local guys work only Monday through Friday. Then which rule do you use as a local driver who sometimes needs to venture outside the 150 radius and needs to keep a logbook?
     
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  9. Moose1958

    Moose1958 Road Train Member

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    My advice is to contact company safety people and find out what they want.
     
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  10. dedrouteCO

    dedrouteCO Medium Load Member

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    The way I understand it, if the operating company has trucks running every day of the week they can choose between 60/7 or 70/8.

    It doesn't specify different departments in the company.
     
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