Hours of service
Discussion in 'Trucking Industry Regulations' started by Jerryb, Sep 16, 2007.
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Mike -
Baack Thanks this.
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Mikeoldcornbinder Thanks this. -
The 16-hour exemption in § 395.1(o) is designed for one-day "duty tours." The duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and sleeper berth time.
This rule ONLY applies to locals who stay within 100 air miles of there yard. The OP runs out of that 100 miles so it dose not apply. -
o)(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; (o)(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
(o)(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).
This is taken directly from the FMCSA website. The rule does apply in the case of the OP and has nothing to do with the 100 air mile rule -
Remember if you normally clock in and out and you work more than 12 hours in a day you must fill out a log sheet and follow under the 11/14 hour rule. However some states may differ so you might check with the state you live in.
C-7. May a "100 air-mile radius" driver utilize the "16-hour duty period" exception in Part § 395.1(o)?
Yes. A driver normally operating under the 100 air-mile radius exception in
§ 395.1(e) may also meet the requirements in § 395.1(o) enabling the driver to have one period of 16 hours on-duty each week (or after a 34-hour restart). However, on the day in which the 16-hour exception is utilized, the driver would not meet the 12-hour duty-period requirement of the 100 air-mile radius exception and would therefore be required to make a RODS for that day.
I didn't see this mentioned in the other post and this might help you feel comfortable on them snowy days because it's legal.
You can't drive passed your 14 hour for any reason unless you are split breaking. Which to drive passed the 14th hour it must be 8 hours in the sleeper. If you stop for 3 hours you still must shut down at the end of the 14 hour and sleep # least 8 (if you want to split) and 10 if you want to reset your 11 & 14.Pur48Ted Thanks this. -
Well i was told by a CA. care bear that it only applies to locales with-in 100 air miles. But what do I know. I'm just a trucker.
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Oh I thought you was in the 100 air mile radius or 150. So no you don't get the extension if you are an otr driver. Im so confused
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the big miss understanding, ask DOT or OOIDA they will confirm this, you may xtend upto 2hrs but not past the 14th hr, but the key word in the rule writing, is to find safe haven. so you may only drive under that rule upto your 14hr mark, to find SAFE HAVEN, and you can find it in less then 2 hrs. also, the 100 mile air radius, only applies as long as you do not cross state lines. and if i remeber correctly, reno to sacremento, is just over 100 miles. but he would still have to log on duty due to he is driving cab and getting paid. anytime you work and get paid for it, you still legally have to log it even if its for a diffrent company. now if he was not driving, then he would just log line 4, but he is driving still, even though its a cab, he would have to log line 3 and note it on his log book. Dont take my word for it, call OODIA or your local state police headquarters and ask a dot officer, they will be more then glad to help you, we may feel they are out to get and burn us, but in actuallity, they are here to help us and help with questions ad making sure we get the correct facts.
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