National Guard vs HoS

Discussion in 'Questions From New Drivers' started by road_runner, Jun 2, 2013.

  1. Chinatown

    Chinatown Road Train Member

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    The rules may have changed; I don't feel like researching it though, but, at one time you had to log any work you are compensated for, whether it's trucking or bagging groceries. I suppose military time is exempt.
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    That is still the rule....all compensated work that you do, whether trucking related or not, needs to be logged. Military service, however, is specifically exempted from that requirement. Firefighters are also exempt from having to log on duty time while they are on call...

    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.2&guidence=Y

    Question 27: A motor carrier has full-time drivers who are also volunteer fire fighters. Some of the drivers carry pagers and leave their normal activities only when notified of a fire. Others consistently work 3 to 4 non-consecutive 24-hour shifts at a fire station each month, resting between calls. The drivers receive no monetary compensation for their work. How should the time spent on these activities be logged on the record of duty status when the drivers return to work?


    Guidance:
    When drivers are free from obligations to their employers, that time may be recorded as off-duty time. Drivers who are allowed by the motor carrier to leave their normal activities to fight fires and those who spend full days in a fire station are clearly off duty. Their time should be recorded as such.


    ....unless they are performing "administrative" tasks...


    Question 29: Although firefighters, emergency medical technicians, paramedics and other public safety professionals are often exempt from the hours-of-service (HOS) regulations under the governmental exception [49 CFR 390.3(f)(2)], they sometimes have second jobs with interstate motor carriers for which they are required to comply with the HOS rules. When one of these individuals has a second job with an interstate motor carrier and works a 24-hour shift for the fire/rescue/emergency services department, is all of the time spent during the shift considered on-duty time?


    Guidance:
    No. Fire fighters and other public safety professionals working 24-hour shifts may record time during which they are required or permitted to rest as off-duty time. However, all time that the public safety specialist is required to perform work (e.g., administrative work, cleaning/repairing equipment, operating equipment, etc.) would be considered on-duty time.
     
  4. Ghost Ryder

    Ghost Ryder Road Train Member

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    National Guard has the civil service exemption from DOT regulations. You don't need to log squat.
     
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  5. SemperFiServices

    SemperFiServices Medium Load Member

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    Great find this thread- I'm active duty and never log my AD time as line 4. I do make sure I get plenty of rest before I make a run though on my off time.
     
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  6. 91B20H8

    91B20H8 Road Train Member

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    I stand corrected
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    I know what the requirements read but I'd hate to be sitting in court with a fatality charge hanging over my head from too many hours and a good lawyer on their side. It's just not cut and dry.
     
  8. rickybobby

    rickybobby Road Train Member

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    That's correct we do not have to log our hours!!!
     
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