I Drive A Bus In Montana. What Are The HOS Rules?

Discussion in 'Trucking Industry Regulations' started by BillyBob33, Jun 10, 2018.

  1. BillyBob33

    BillyBob33 Bobtail Member

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    So I don't want to go into too many details here other than what is needed. I work for a transit company driving buses that is intrastate (meaning we don't leave the town and drive no more than a 20 mile radius). Our buses of course are passenger carrying vehicles, carrying up to 50 passengers.

    Many times our company has us drive WAY beyond 10 hours. Our company is by the book on everything, but as best as I can tell they are violating the law? They say we can't drive longer than 14 hours which some drivers do definitely hit 14 hours in one day! A part of me isn't complaining since we get A LOT of overtime, but I'm wondering if this is legal?

    I can't find any Montana Code Annotated in terms of Hours of Service HOS. I did however find this from the Montana DOT
    https://www.mdt.mt.gov/other/webdata/external/mcs/mcs-guide-and-regulations.pdf

    On page 17 it clears shows that you need an 8 hour break for a maximum 10 hour work period, and that no more than 60 hours per week can be worked. I also know some people at our company have worked MORE than 60 hours within a work week.

    What am I missing here? Is what they're doing illegal or am I confused? Also, if they are breaking the law, what steps can I take with this? I really appreciate the help/support guys!
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    If Montana has its own rules for intrastate, then you need to find those...otherwise, it would likely mirror the federal regs. For passenger vehicles, that means a 15 hour WORK day (only work activities count against this clock, off duty time does NOT count against you). Maximum 10 hours of DRIVE time. 8 hour break to reset your daily clocks. Still operate under the same 60/7 or 70/8 week, depending upon if the carrier runs 7 days per week or not (carrier designates that).

    If you operate inside of the 100 air-mile radius (which it sounds like you do), you're exempt from keeping a log book, provided you return to your starting location and are released within 12 hours. If you work past the 12th hour, you're supposed to fill out a log book.

    The other thing to consider is if it is a city-owned operation, many of the regs may not apply (including HOS), as government entities are generally exempt from the FMCSA regulations. Depending upon the jurisdiction, that may even extend to companies operating under exclusive contract with a municipal government.

    At any rate, the likelihood of your being harassed by DOT along your route within that 20 mile radius are slim-to-none. The LAST thing a commanding officer wants to do is field a phone call from a PO'd state legislator or city/county official following several complaints from passengers who were late because the bus they were on (or waiting for) was detained for an hour to perform a random roadside inspection...great way to see budgets cut and limits placed upon when/where/how inspections may be performed.
     
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  4. homeskillet

    homeskillet Road Train Member

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    Yes, if you work for a municipal government or a multi-county transit authority, you are exempt from HOS, and as far as the Feds are concerned, your employer can stick in in as far as they wish, and break it off to any length that suits them.

    I'm a recent refugee from city buses. If your relief driver didn't show up, you had to keep driving until they did, or until they got an extra board driver to catch up with you.

    In the rare but certainly possible occurrence that no extra was available, well.....enjoy your double shift. Of course, all of the 2nd eight hours was time and a half, with an additional 4 hours at time and a half "penalty pay".

    Then by contract they HAD to give you a 10 hour uninterrupted break, as opposed to the regular 8 hour break.

    So, not many drivers complained about such a scenario. I know I sure didn't. Kinda miss it sometimes, but transit has gotten weirder over the last 10 years. Same as everywhere else, I guess.
     
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  5. driverdriver

    driverdriver Road Train Member

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    Call
    Your local trooper office and/or state dot they'll be more than happy to help you.
     
  6. BillyBob33

    BillyBob33 Bobtail Member

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    This appears to be correct as this is Government where I work. This also makes sense, and I'm glad I understand this now. The union we are in though says we can refuse work after 10 hours and this is likely why this is in our contract (since without it they are exempt). I was more concerned with the fact I might be breaking the law but likely it's fine!
     
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  7. born&raisedintheusa

    born&raisedintheusa Road Train Member

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    What city or town in Montana do you drive the transit bus for? If you choose not to say where, I do understand.

    God bless every American and their families! God bless the U.S.A.!
     
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  8. Trucking in Tennessee

    Trucking in Tennessee Road Train Member

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    Yesterday in Nashville, Greyhound had 3 buses out of service from lack of drivers. Some people waited 12 hours at the station.
     
  9. x1Heavy

    x1Heavy Road Train Member

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    Intrastate is defined as picking up and delivering anywhere inside the borders of your state.

    If you are picking up passengers for wages and running a commercial vehicle bus for hire over a certain capacity then you have many similarities as we truckers do because your industry is regulated at the Federal Level as well.

    I am not a motor coacher. I had exactly one interview and that one was a display of how a bus owner can (And a yankee to boot) show discrimination for those otherwise qualified with hearing. I once had been part of a church bus where we had one capable of taking 50 souls back in the day and get that going. But ultimately it was much much cheaper and faster to get 3 little vans anyone can drive at any time without special stuff like CDL, Passenger endorsements etc.
     
    Trucking in Tennessee Thanks this.
  10. BillyBob33

    BillyBob33 Bobtail Member

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    Thanks for all your support guys. I'm back driving again. Does anyone know if this forum has an area for city transit/bus operators? It looks like this forum is more geared towards OTR trucking. You guys are a great bunch, but the two businesses are very different except that they involve driving.
     
    homeskillet Thanks this.
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