Question about 16 hour big day short haul exemption 395.1

No harm done. I think I see your side of it as well.

It takes alot to get picky, I never did like that rule. So I did not use it. Then again, I hardly logged anything on paper that did not have to be logged back then. (And they wonder why we have ELD's now...)

The core motivation for my thought to debate this particular log question goes back to a evening when I crossed swords with a dispatcher over this thing. What I should have done that night was say thank you, good night see you in the am. (And hit the sleeper...)

I don't mind correction or even reeducation. I believe the rule is worded badly. I just hope that in the end alls well.

 

No, you cannot. The only thing you're exempt from is filling out a RODS for the day IF you qualify. You're STILL bound by the HOS. If you work 12 hours and 1 minute, you're required to log your day, because you no longer qualify for the short-haul exemption. That 16 hour day MUST have a log book page filled out, and other than the extra 2 hours, you've got to comply with ALL of the HOS regulations.

 

The biggest issue is these companies have the power to change our logs. We can’t. They can. One day it will bite companies in the ### who do it, but so far I know a few who are playing these games switching things on drivers so they’re in compliance when they get audited.

On a side note since everyone is on an ELD why are drivers not paid hourly the second they go off driving? There should be none of this we give them the first two hours unloading BS. If you’re away from home you’re working. That’s how it should be. Same with sitting in traffic. As soon as that device sees a driver is under 20mph BINGO! hourly begins.

Don’t even get me started on 1099 and contractors. With ELDs there are no more contractors. Everyone is an employee as that device is a time clock. Your employer is requiring you to bunch a time clock.

One day the workers in this country and the world will rise up. 7 BILLION of us and they’re only the 1%. No wonder they’re crapping their pants trying to pass gun control and confiscation plus building bug out homes in New Zealand.

 

The company can change your logs, but the driver still must approve it. This is built into the ELD regs, and the company cannot do anything about it.
There is also a record so when the company gets audited they will have to explain the edits.

 

Can someone please explain why a non CDL driver who may on rare occasion use the “Non-CDL Short Haul Exception” be excluded from using the "16-Hour Short-Haul Exception",

Is the reasoning that the non CDL driver doesnt need to keep a log book under the “Non-CDL Short Haul Exception” but a log book wood be required for the "16-Hour Short-Haul Exception",?

Why couldnt the drive just keep a log book for that day?

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I just posted this as a new question, but it may fit better on this thread. I have read this thread and still don't have a clear answer. If you can help me I would appreciate it.

Granny DP
DPForumDog

 

That would be company policy as the local 16 hour exemption doesn't care if you are cdl or not.
Of course you would need a log book for that day as you will no longer be able to use the timecard exemption.

 

To confirm: driver would only need logbook for that day? This happens rarely but when it does it wasn't planned and the driver wouldn't have a book. Could he wait until the end of the day and fill out his logbook?

hopefully they will make the trip in 14 hours or less.

 

No, as soon as they realize they are no longer in compliance with the short haul exception they must begin using a log book and recreate their day as best as they can. Log books are available at almost every diesel stop, all the major truck stops have them, so just have the driver stop and grab a blank one.