Question about 16 hour big day short haul exemption 395.1

Discussion in 'Trucking Industry Regulations' started by Metage, Sep 8, 2016.

  1. ZVar

    ZVar Road Train Member

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    Sounds like you meet the three criteria:

    1. Logging off after 16 hours of coming on duty. (One of the few regs that actually isn't about drive time)
    2. Start/stop in the same location for the last 5 work days (duty tours)
    3. Not used the exemption in the last 6 days.
     
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  3. ZVar

    ZVar Road Train Member

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    Thanks, I missed that. Oops. :)
     
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  4. DieselJGC

    DieselJGC Bobtail Member

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    Yes, when I say drive, that's what i mean.
    Okay, that's what I need to know. So never more than 11 drive.
    Thanks, Experts, for your quick replies!
     
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  5. DL550CAT

    DL550CAT Road Train Member

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    You all confuse short haul exemptions with long haul rules. It’s a stay within your hundred air miles and 12 hour days with one 16. You can drive the entire time.
    What’ll get you on a 7 hour trip is it’s most likely out side your 100 air miles.
     
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  6. brian991219

    brian991219 Road Train Member

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    No confusion on our part, only yours! The 16 hour "big day" exception does not apply to short haul operations, since once you exceed 12 hours on-duty you are no longer eligible for the short-haul log book exception and must complete a log page for that day, even if it is within the 100 air-mile radius.

    The 16 hour exception applies to local drivers, meaning they leave from and return to the same place each shift, and is usually used by local delivery operations that otherwise use a log book or ELD anyway.

    Also, even if within the 100 air-mile radius, the 11 hour drive time limit still applies, it is just not easily documented within a 12 hour period and almost impossible to exceed within that period of time since you will be making stops and such as a short haul driver. See 395.1 (e)(iv)(A) highlighted in bold at the end of this post.

    395.1(o) only exempts a driver from compliance with the 14 hour window, not the 11 hour drive time, and it does not exempt the driver from the requirements to complete a log book.

    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if:

    (1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;

    (2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and

    (3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).​

    See this from 395.1 (e) which is the short haul exception to log books, it clearly states that the driver is not exempted from the 11 hour drive time, only the requirement to complete a log book for the days they can claim short-haul. I highlighted that part in BOLD to make it easy for you to find.

    (e) Short-haul operations—(1) 100 air-mile radius driver. A driver is exempt from the requirements of §§395.8 and 395.11 if:

    (i) The driver operates within a 100 air-mile radius of the normal work reporting location;

    (ii)(A) The driver, except a driver-salesperson or a driver of a ready-mixed concrete delivery vehicle, returns to the work reporting location and is released from work within 12 consecutive hours;

    (B) The driver of a ready-mixed concrete delivery vehicle returns to the work reporting location and is released from work within 14 consecutive hours;

    (iii)(A) A property-carrying commercial motor vehicle driver, except the driver of a ready-mixed concrete delivery vehicle, has at least 10 consecutive hours off duty separating each 12 hours on duty;

    (B) A driver of a ready-mixed concrete delivery vehicle has at least 10 consecutive hours off duty separating each 14 hours on duty;

    (C) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

    (iv)(A) A property-carrying commercial motor vehicle driver, except the driver of a ready-mixed concrete delivery vehicle, does not exceed the maximum driving time specified in §395.3(a)(3) following 10 consecutive hours off duty; or

    (B) A driver of a ready-mixed concrete delivery vehicle does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or

    (C) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and


    (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

    (A) The time the driver reports for duty each day;

    (B) The total number of hours the driver is on duty each day;

    (C) The time the driver is released from duty each day; and

    (D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
     
  7. x1Heavy

    x1Heavy Road Train Member

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    You are not short haul.

    It does not work for you.

    Your dispatchers cannot tell you how to log something. You are the legal signer of your log.

    So you had a failure that burnt time. I do not recall setting hours on duty for a blown tire. I generally go off duty because after the first few phone calls at a rest area or some place I am resting away from truck.. Either that or hotel or sleeper. I rarely had tire issues on OTR trucks. Just with daycabs and containers for shipping.

    I probably used that exemption twice in my lifetime. And even then with some misgivings. It's not something well understood or used well as worded.
     
  8. tucker

    tucker Road Train Member

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    You just answered a question that was asked 3 years ago...
     
  9. brian991219

    brian991219 Road Train Member

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    And he answered it incorrectly, the driver in question left from and returned to the same place each day and therefore is legally entitled to the one 16 hour "big day" as a local driver. Short haul is an incorrect term but is often used interchangeably with local.
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    No, Only within a certain amount of airmiles from to and from same origin. 680 miles a day is not short haul.

    It would be an awful lot of shuttle loading back and forth inside the air mile bubble.

    The fact that he is on a log means to me that they sometimes go beyond the air mile exemption.
     
  11. brian991219

    brian991219 Road Train Member

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    That is correct, 680 miles is not a "short haul" day, also known as a 100 air-mile day and would most definitely require a log book. That said, you do not have to be a short haul driver to use the 16 hour day, you just have to leave from and return to the same place for the last 5 consecutive tours of duty or since your last 34 hour restart. Many of the LTL or other local fleets use this long day exception weekly to allow for that one day that doesn't otherwise fit into the 14 hour rule.

    You would be correct if he were an OTR driver, or if his run had him layover in a hotel during the week, as is often common with day cabs, but since he does a daily round trip his dispatcher was correct in asking him to use the 16 hour day option.

    Not trying to pick on you, although it did sound that way. Sorry for that, it isn't my style.
     
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