Hours of service

That's what I believe I've stated Rick. He must shut down at his terminal within 12-hours. And if he goes beyond 115.7 miles he must log. Where do you disagree?

 

I disagree he must shut down within 12 hours . Working beyond 12 hours will only remove the logging exemption . He can drive up to 11 hours in 14 but will have to log . But another question on this . Drivers are allowed to drive unladen vehicles home from the terminal while off duty . But what if he is empty after unloading on a job site . Can the time from the job site home be off duty ? I believe FedEx petitioned on a similar circumstance . They wanted their drivers to be able to log off duty when their truck was empty after the last delivery . Also in rc1richard's case , I advised him time behind the wheel is driving and to maximize his driving time available he should get out of the truck while waiting to load or unload so he could log that as on duty , not driving . But what if he was off the highway on a construction job or at an asphalt plant ? Is operating off the highway considered driving ? A license isn't even required for on site operation .

 

When I was in charge of the DOT department for a construction company, the workers drove duallies to and from the work site. They were required to log by pay sheets with working no more than 12 hour days. This was required since they reported to and from the same work start location. It was also required since there was no sleeper and they were under the 100 mile rules.

This was addressed and given to the company as a ruling from a dot audit compliance review. We had to get the company in line because of the way they were doing it before of sunrise to sunset. It was the reason I was hired.

 

We do occasionally cross state lines. This requires an interstate permit to cross by the employer as an intrastate carrier. (They have always told us to put down no more than 12 hrs. as hrs. worked and the amount of fuel purchased in the remarks section of our inspection forms. We turn our time in for our pay on a seperate timesheet and they pay us for the true hrs. worked.) You are still an intrastate class B driver; and to occasionally cross state lines the rules of both states are applicable. (Somtimes we work 14 - 16 hr. days when paving.) Being a HHG driver I understand those long hours occasionally happen to our intrastate drivers within the 100 mile area of the office. Interstate the loading, unloading crews are larger to avoid conflicts with the FMCSR. If you feel overworked we are always looking for intrastate class B drivers in the HHG industry.

 

I was a supervisor with a company F-350 with a company that ran vacuum trucks . We would be on site 2 -3 weeks working 12 hour days plus driving back and forth from motels . I logged all hours work . Driving the pickups and operating the vacuum trucks was logged as on duty . I worked over 84 hours a week . I would sometimes have to drive a vacuum truck back to the home office after a job . They would pay me to stay in a hotel until I had my hours back . This was under the old rules before we had the 34 hour restart .

 

You are being instructed to run illegal, but the standard operating procedure for lots and lots and lots (did ya get the lots and lots part) of construction companies. If you get into an accident, its your ### if your work schedule can be proven. Company can stay away from an audit if they keep you under 70hrs in 7 days and get in a 34 hr restart, and pay you a straight houry wage. ... atleast thats the way my last construction employer got away with it.

But again ... if you get into an accident, you're hosed. And I'd bet good money if you "enlighten" your company of the rules, and that you are uncomfortable with the way they are running you ... you wont last very long.

 

Even if you are legal; if you get in an accident your hosed.

 

Yeah , but if you're not 100% compliant and haven't been for the past 5 years the negligence factor increases the liability and size of judgement considerably . Yes , an attorney's discovery will ask for all loads hauled by that driver , his MVR , truck maintenance , health records , fuel receipts , toll receipts , criminal record , copies of logs , phone records , and more for the past 5 years .

 

The Hours Of Service Rules: Myths And Facts
3/23/09

 

this is all fine and dandy. but we need the flexabitly of logging sleep time during the shift. why drive into chicago during rush take a nap! why spend hours at a dock only to loose the time. bottom line TRUCKING IS NOT A 9 TO 5 JOB.