oil field exempt driver?

Discussion in 'Oilfield Trucking Forum' started by hardworkinman, Mar 31, 2014.

  1. hardworkinman

    hardworkinman Light Load Member

    Does a crane truck that installs and breaks down frack stacks fall into the oilfield exempt-exception category?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. BigPerm

    BigPerm Medium Load Member

    Any time you are on "location" ie; wellsite, you are on line #5 ie; off duty. So, yes, I believe, ( and don't quote me ) it stops your 14 hr clock, and nothing else. So you can't go out there, w/only 35-minutes left on your 14....work 15..log back on & expect to go anywhere.
     
    hardworkinman Thanks this.
  4. TLeaHeart

    TLeaHeart Road Train Member

    4,169
    2,613
    Apr 1, 2008
    casper, wy
    0
    Here is what the government body has to say:

    Section 395.1(d) provides two separate exceptions to the HOS rules, with the two exceptions applying to different operators. Section 395.1(d)(1) states that for drivers of CMVs used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. This is commonly referred to as a "24-hour restart" of the 70 hours in 8 days total on-duty time limit in § 395.3(b).
    Section 395.1(d)(2) states, in part, that in the case of specially trained drivers of CMVs that are specially constructed to service oil wells, "on-duty time shall not include waiting time at a natural gas or oil well site." Under the definition of "On duty time" in § 395.2, drivers who are standing by at an oil well site until their services are needed would normally be considered on-duty, thereby constraining the hours that they would have available to legally drive a CMV within the HOS-rule limits. This exception is often referred to as the "oilfield waiting time" provision.


    Section 395.1(d), "Oilfield operations."
    "Question 6: What does "servicing" of the field operations of the natural gas and oil industry cover?
    Guidance: The "24-hour restart" provision of § 395.1(d)(1) is available to drivers of the broad range of commercial motor vehicles (CMVs) that are being used for direct support of the operation of oil and gas well sites, to include transporting equipment and supplies (including water) to the site and waste or product away from the site, and moving equipment to, from, or between oil and gas well sites. These CMVs do not have to be specially designed for well site use, nor do the drivers require any special training other than in operating the CMV.
    Question 8: What kinds of oilfield equipment may drivers operate while taking advantage of the special "waiting time" rule in § 395.1(d)(2)?
    Guidance: The "waiting time" provision in § 395.1(d)(2) is available only to operators of those commercial motor vehicles (CMVs) that are (1) specially constructed for use at oil and gas well sites, and (2) for which the operators require extensive training in the operation of the complex equipment, in addition to driving the vehicle. In many instances, the operators spend little time driving these CMVs because "leased drivers" from driveaway services are brought in to move the heavy equipment from one site to another. These operators typically may have long waiting periods at well sites, with few or no functions to perform until their services are needed at an unpredictable point in the drilling process. Because they are not free to leave the site and may be responsible for the equipment, they would normally be considered "on duty" under the definition of that term in § 395.2. Recognizing that these operators, their employers, and the wellsite managers do not have the ability to readily schedule or control these driver's periods of inactivity, § 395.1(d)(2) provides that the "waiting time" shall not be considered on-duty (i.e., it is off-duty time). During this "waiting time," the operators may not perform any work-related activity. To do so would place them on duty.
    Examples of equipment that may qualify the operator/driver for the "waiting time exception" in § 395.1(d)(2) are vehicles commonly known in oilfield operations as heavycoil vehicles, missile trailers, nitrogen pumps, wire-line trucks, sand storage trailers, cement pumps, "frac" pumps, blenders, hydration pumps, and separators. This list should only be considered examples and not all inclusive. Individual equipment must be evaluated against the criteria stated above: (1) Specially constructed for use at oil and gas well sites, and (2) for which the operators require extensive training in the operation of the complex equipment, in addition to driving the vehicle infrequently.

    Operators of CMVs that are used to transport supplies, equipment, and materials such as sand and water to and from the well sites do not qualify for the "waiting time exception" even if there have been some modifications to the vehicle to transport, load, or unload the materials, and the driver required some minimal additional training in the operation of the vehicle, such as running pumps or controlling the unloading and loading processes. It is recognized that these operators may encounter delays caused by logistical or operational situations, just as other motor carriers experience delays at shipping and receiving facilities. Other methods may be used to mitigate these types of delays, which are not the same types of waiting periods experienced by the CMV operators who do qualify for the waiting time exception."
    Issued on: May 30, 2012.

    If you have "special training" on a truck that is "specially constructed" then you are can use the above provision, of being off duty while waiting at the site.

    Now if you are exclusive to the oil field, and involved in direct support, then you can use the 24 hour reset of the 70 hour limit, instead of the 34 hour reset. Does not apply oil haulers, as we are not in direct support, but involved in the logistics of hauling the final product.

    A simple crane truck does not qualify, from my understanding of the rules.

    As with all federal laws, now that is clear and straight forward, open to interpretation, and depends on the mood and intelligence of the officer enforcing the law.
     
    Thompysona and hardworkinman Thank this.
  5. BigPerm

    BigPerm Medium Load Member

    Thanx...I stand sorta corrected it seems.
     
  6. hardworkinman

    hardworkinman Light Load Member

    Interesting how the 2nd paragraph says the exemption doesn't require specilly training and the 1st paragraph says someone who is specially trained. Geeze what the heck is it??
     
  7. TLeaHeart

    TLeaHeart Road Train Member

    4,169
    2,613
    Apr 1, 2008
    casper, wy
    0
    there are two rules discussed in those paragraphs...
    waiting time or being able to log off duty on site while waiting takes special equipment and training...
    using the 24 hour reset, only requires direct support of the site.

    neither rule applies to all others.
     
    hardworkinman Thanks this.
  8. Thompysona

    Thompysona Bobtail Member

    19
    5
    Feb 27, 2014
    East Texas
    0
  9. canadianredneck

    canadianredneck Light Load Member

    228
    104
    Jul 26, 2012
    Western Arkansas
    0
    Just remember 10 different DOT revenue enforcement officers will have 25 different opinions and an argument only increases the level one inspection that follows your ticket.
     
    hardworkinman Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.