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

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

  1. Wasted Thyme

    Wasted Thyme Road Train Member

    Joined:
    Jan 27, 2020
    Messages:
    7,729
    Thanks Received:
    38,305
    Location:
    GOAT watching
    0
    I think you might be getting a little bit too literal.
    I think the "company" operates every day. Is not saying that the truck literally has to operate every day.
     
    merv85 and F4T6UY Thank this.
  2. ZVar

    ZVar Road Train Member

    Joined:
    Sep 10, 2010
    Messages:
    10,911
    Thanks Received:
    23,829
    Location:
    Flint, MI
    0
    Well, when the company only has one truck..... Which is the whole point of the thread.
    And it does specifically state operating a CMV. It doesn't matter what the office does, or doesn't do. It only matter if the CMV is operating. So yes, it does literally say the truck must operate every day to qualify for the 70 hour rule.

    Again, we are talking about single truck companies.
     
  3. Wasted Thyme

    Wasted Thyme Road Train Member

    Joined:
    Jan 27, 2020
    Messages:
    7,729
    Thanks Received:
    38,305
    Location:
    GOAT watching
    0
    No it says operates cmvs everyday. Not that the cmvs operate everyday. At least that's how I think it is meant.
     
  4. ZVar

    ZVar Road Train Member

    Joined:
    Sep 10, 2010
    Messages:
    10,911
    Thanks Received:
    23,829
    Location:
    Flint, MI
    0
    That's one and the same on a single truck company. Don't be reading something that's not there.
    Also, how can one operate a CMV off duty anyway? Remember we are taking a 34 hour reset.
     
  5. Wasted Thyme

    Wasted Thyme Road Train Member

    Joined:
    Jan 27, 2020
    Messages:
    7,729
    Thanks Received:
    38,305
    Location:
    GOAT watching
    0
    Yard move
     
  6. ZVar

    ZVar Road Train Member

    Joined:
    Sep 10, 2010
    Messages:
    10,911
    Thanks Received:
    23,829
    Location:
    Flint, MI
    0
    Yard move is both on-duty and not actually legal in and of it's self.
    Another of the writing regs not being complete.
    Yard Move is a valid duty status in the ELD regs yes, but Driving is still defined as
    "Driving time means all time spent at the driving controls of a commercial motor vehicle in operation."
    There is no exception in any other reg that changes that. Heck, there is even guidance that states running a PTO from the drivers seat is Driving.

    But let's not get sidetracked, as even if Yard Move was legal he would still have to be On-Duty and in that case I agree the CMV is being operated that day. But it would also break the 34 reset.
     
    Last edited: Jul 3, 2022
  7. Wasted Thyme

    Wasted Thyme Road Train Member

    Joined:
    Jan 27, 2020
    Messages:
    7,729
    Thanks Received:
    38,305
    Location:
    GOAT watching
    0
    But the cmv, is still operating. The driver is not. The cmv could even have a load. While on the 34. The reg doesn't say that the driver has to be operating.
     
  8. ZVar

    ZVar Road Train Member

    Joined:
    Sep 10, 2010
    Messages:
    10,911
    Thanks Received:
    23,829
    Location:
    Flint, MI
    0
    While true, remember what we are talking about yet again. A single driver, single truck O/O.
    I'm talking about a very specific scenario and you keep coming up with scenarios that simply don't apply.
    Yes, if the truck is operated (I.E. team, or whatever) all of this is irrelevant.as not applying.

    We are talking about a specific scenario of one driver, one truck taking a 34 reset and how the 60/70 rule applies in that specific scenario.
     
  9. Wasted Thyme

    Wasted Thyme Road Train Member

    Joined:
    Jan 27, 2020
    Messages:
    7,729
    Thanks Received:
    38,305
    Location:
    GOAT watching
    0
    I'm talking single driver. IMO the truck is still operating whether in motion or not.
     
  10. ZVar

    ZVar Road Train Member

    Joined:
    Sep 10, 2010
    Messages:
    10,911
    Thanks Received:
    23,829
    Location:
    Flint, MI
    0
    How? And how without logging on-duty and thus breaking the reset?