Is this legal??

Discussion in 'LTL and Local Delivery Trucking Forum' started by j72088, Jul 14, 2020.

  1. j72088

    j72088 Bobtail Member

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    I work for a very small outfit that runs local In Florida. Never out of state. The furthest I'll go is 65 miles from terminal.

    The company is very busy, running 24/7 and under staffed with drivers. so that makes the schedule with taking time off into a mess. When one driver does take time off, another driver will usually move onto that guy's shift to cover their duties and then the next day go back to their normal shift.
    The issue is though, that time between shifts is only 8 hours. For example. My normal duty hours are 2pm-11pm. Say the guy who works from 9pm-6am takes off, I'm going to take his shift while another driver takes mine. I'll get off at 6am and come back later at 2pm. ..
    Is this legal? What are local hos regulations for Florida?
     
    Last edited: Jul 14, 2020
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  3. McUzi

    McUzi Road Train Member

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    HOS is the same everywhere.

    Can’t drive a cmv following the 14th hour from an initial start of the clock without having 10 hours off duty
    Can’t drive a cmv following the 11th hour of driving without having 10 hours off duty.

    Short haul carriers are not exempt from reset requirements.
     
  4. Cattleman84

    Cattleman84 Road Train Member

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    If you stay within 100 air miles of your terminal HOS doesnt apply the same as regular OTR. I believe you can drive local like that for up to 14 hours... Not sure how resets are applied or if they are even required. I'm guessing you dont run a log book either, correct?
     
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  5. rbrtwbstr

    rbrtwbstr Road Train Member

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    Since the OP is only running Florida, he or she might be subject to intrastate HOS, which may be different from interstate.

    Under the interstate short haul, you still can only drive 11 hours, and must return back to where you start within 12 hours. Otherwise you fill out a log sheet for that day. And yes, you can run across state lines under the short haul provision, provided that you don't exceed 100 air miles.
     
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  6. nikmirbre

    nikmirbre Road Train Member

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    Florida intrastate..........

    can drive 12 hours AFTER having 10 hours off

    Are exempt from keeping logs if within 150 air miles and non hazardous

    And I believe are still subject to reset restrictions
     
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  7. ZVar

    ZVar Road Train Member

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    Maybe. Just because the driver stays in the state doesn't mean it's intrastate. It depends on the load for that. Like if he's pulling out of a port or railyard or such would be interstate.
     
  8. j72088

    j72088 Bobtail Member

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    Just to clarify, everything is food grade loads. Nothing straight from harvest. But premade things to the factory.
     
  9. road_runner

    road_runner Road Train Member

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    From everything I am reading, the answer is NO. Even if you work intrastate, you can not start a new shift with less than 10 consecutive hours off. From the sounds of it, you operate within a legal proximity of your barn that exempts you from paper/elogs and your company is milking the exemption and running you outside of the parameters of the law. If it's a legit concern, I would say something. Otherwise you will be on the hook if you get into an accident (even if you are not at fault).

    Your company can (and probably will) say that they are exempt from logging their hours but are still requiring their drivers to have enough legal time off between shifts. No dispatcher or supervisor will admit to making you come in with only 8 hours off. That's all on you.
     
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  10. j72088

    j72088 Bobtail Member

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    Yeah the supervisor is In the warehouse and knows next to nothing about trucking or regulations. So trying to talk to him about it has been interesting. Luckily it's all been through text communication (due to the virus) so it's documented. I figured I was entitled to a normal 10 reset, But he's saying otherwise. could I pursue a legal route with this?
     
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