Owner/Operator - 7/60 hour rule or 8/70?

Discussion in 'Ask An Owner Operator' started by wadeenterprisesllc, Jun 9, 2022.

  1. merv85

    merv85 Light Load Member

    125
    260
    Mar 24, 2020
    Dallas, Tx
    0
    under the current rules you cannot, but my gripe is why 70hr/8 days is imposed on owner operators?

    In times of emergency/crisis situations, the 70hr/8day rule has been temporary waived off.

    if the 70hr/8day rule is permanently waived for O/O then O/O can make a extra few dollars especially during holiday freight season.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. wadeenterprisesllc

    wadeenterprisesllc Bobtail Member

    6
    3
    Jun 9, 2022
    0
    My confusion is that as a single owner/operator, if I take a 34 hour reset, that is technically a day off, right? So essentially I’m forced to run the 60/7 rule, unless I start working shorter days and run on recaps. Correct?
     
  4. merv85

    merv85 Light Load Member

    125
    260
    Mar 24, 2020
    Dallas, Tx
    0
    yes, if you need a full 70 hr you are forced to take a 34 hr reset,
     
  5. Elroythekid

    Elroythekid Road Train Member

    2,420
    4,814
    Sep 9, 2010
    Halifax Nova Scotia
    0
    In Canada we can do 13hrs driving 15 driving/onduty, 16 hr window.
    We do 70/7 days, BUT, you have to take 24 consecutive hours off once every 14 days. Gives you your recap early, and more of it. I use to do Houston turns out of Halifax. On the return I'd be right at my 70 when I crossed back into ontario, but as soon as I crossed I got an extra recap day, and be Hollywood all the way home.
     
    merv85 Thanks this.
  6. wadeenterprisesllc

    wadeenterprisesllc Bobtail Member

    6
    3
    Jun 9, 2022
    0
    The wording of the law is that in order to run 8/70, a company must have a truck on the road every day of the week. So since I only own one truck that I myself am running, if I take a 34 hour reset, that is a day without a truck on the road. Which would force me to run under the 7/60 rule. How else do you get around that?
     
  7. TallJoe

    TallJoe Road Train Member

    7,125
    15,156
    Apr 12, 2016
    Chicagoland
    0
    I guess you want to know if there is a specific requirement as to which of the two rules should you adhere to since you may not have to or want to work every day on a 8 day streak. It made me wonder myself... but I don't think you need to do it and here's why.

    I would not be much wrong saying that about a hundred of my trips were inspected in the last 20 years and I have never been questioned about operating 7/60 vs 7/80 nor required to declare myself. I always assumed that as an interstate carrier the 8/70 rule applies as a default. I am not sure why carriers choose or are required to be at 7/60 and for what reasons. Maybe some very regional day cab companies or bus companies that mostly shut down operations for a weekend?
    Nowadays, I rarely exceed more than 40-50 hours per 4-6 days while on a trip before resting at home for a few days but I still follow 8/70. Certain weeks, especially in the recent months, I only work 2-4 days per week with less than 30 hours on total duty and still stick to 8/70 rule - which in fact does not matter because either 6/70 or 8/70 would be satisfied. And the radius of operations, depending on a week, might very from 100 miles to 900 miles.

    If, indeed, there is a rule saying that in order for 8/70 to apply, the truck must be in operations for 8 days in a row, then that rule is completely unverifiable and impossible to determine for an interstate solo truck owner operator himself because the trip might always end sooner or extend itself. Also, practically, one trip may take more than 8 days but the very next one only 4 days or less, and sometimes it is impossible to tell how long it will last from the very get go. Would it mean that I need to redeclare myself before each trip? Would it mean that coming back home from a trip within 7 days but with excess of 60 hours of total duty time is HOS violation? I can't count how many times it did happen and how many times I was inspected without any problems in such places like I-80 in IA on my 6th or 7th days while only 6-7 hours were remaining on my 70 hour clock.
    I'd be very surprised to find out that in order for me to use 8/70 I must stay in the truck for 8 days in a row....
     
    Last edited: Jul 3, 2022
    merv85 Thanks this.
  8. TallJoe

    TallJoe Road Train Member

    7,125
    15,156
    Apr 12, 2016
    Chicagoland
    0
    I'd be very surprised to find out that in order for me to use 8/70 I must stay in the truck for 8 days in a row...
    but life in general is full of surprises.

    Therefore, I also ask, does a carrier need to declare itself for either 7/60 or 8/70?

    If so, and if it chooses the latter rather than the former, would it mean that arriving any earlier i.e. with excess of 60 hours would violate HOS? Or not staying on a trip - out of home terminal - for at least 8 days would be a violation too?
     
    Last edited: Jul 3, 2022
    merv85 Thanks this.
  9. ZVar

    ZVar Road Train Member

    10,358
    22,032
    Sep 10, 2010
    Flint, MI
    0
    Well that's the way the law is written. Yes I agree it's not enforced, but it is part of the regulation.
    Kinda like Yard Move isn't a legal status because the definition of Driving never changed to allow it, but guidance and common sense allows it.
    Here is the wording for the 70 hour rule just so you know he's not making up the regulation.

    § 395.3 Maximum driving time for property-carrying vehicles.
    (b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after -

    (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
    (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.


    Now don't read this as I agree with the regulation, or that it's even enforced. All I'm saying is it's technical not legal to use the 8/70 clock unless the motor carrier is running all 7 days of the week.
     
    wadeenterprisesllc and TallJoe Thank this.
  10. Wasted Thyme

    Wasted Thyme Road Train Member

    7,727
    38,181
    Jan 27, 2020
    GOAT watching
    0
    But don't most operate 7/365.
     
  11. ZVar

    ZVar Road Train Member

    10,358
    22,032
    Sep 10, 2010
    Flint, MI
    0
    Well, the regs don't really give a time frame other than the week, so if the single O/O (the motor carrier) has to take a 34 they technically are only working 6 days (or less) that week. Heck, even if they go home for the weekend they aren't working 7 days in a week, so should be using to 60 clock that week.

    That is one thing I looked for is a time frame of when it counts. I.E. If the motor carrier worked Sun-Sat all month, but took off say Sat one week, Wends another, etc. does it still count as working every day of the week. I could not find even any guidance about that so it goes back to the wording of the regulation with only that week matters.
    I did find guidance stating one can switch between 60/70 anytime they want, but that doesn't really apply other than to show one week could be 60, the next running off recaps could be 70.
     
    wadeenterprisesllc Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  • Draft saved Draft deleted