Question about logbooks

Discussion in 'Questions From New Drivers' started by pricey59, Apr 23, 2011.

  1. double_r

    double_r Heavy Load Member

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    Sep 6, 2008
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    Look at question B-6
    Source: http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp#_Toc111021232
    HOS Frequently Asked Questions (FAQ)

    [​IMG] Print Table of Contents

    A. [RESERVED]
    B. GENERAL PROVISIONS
    B-1. Do these HOS regulations apply to intrastate commerce?
    B-2. What are the penalties for violating the HOS rules?
    B-3. Are drivers of passenger-carrying commercial motor vehicles (CMV) required to comply with the same HOS rule as property-carrying drivers?
    B-4. What happens if a driver operates both a bus and truck for part of each day or each week?
    B-5. If a State has an 8 hours off-duty requirement for intrastate operations, may a driver who takes 8 hours off duty after completing an intrastate trip begin driving on an interstate trip?
    B-6. How would "waiting time" at a terminal, plant, or port be logged?
    B-7. May a driver be called after 8 hours off-duty to report to work 2 hours later?
    B-8. How does the hours-of-service rule apply to Mexican and Canadian drivers? Are Canadian and Mexican military or other government employees exempt?
    B-9. How are property-carrying and passenger-carrying drivers determined as the terms are used in the HOS rule?
    C. SHORT-HAUL OPERATIONS
    C-1. What is a "short-haul" operation?
    C-2. What is an "air-mile"?
    C-3. What are the recordkeeping requirements for a driver who is utilizing either the 100 or non-CDL 150 air-mile radius provisions?
    C-4. May drivers who work "split shifts" take advantage of the short-haul operations provisions found in Part § 395.1(e)?
    C-5. How does a driver comply if during a 7-day period the driver operates some days under the 100 air-mile exception, some days under the "non-CDL 150 air-mile radious" provision, and some days under neither?
    C-6. How would you summarize the 100 air-mile radius HOS provision in Part § 395.1(e)(1)?
    C-7. May a "100 air-mile radius" driver utilize the "16-hour duty period" exception in § 395.1(o)?
    C-8. What drivers are covered by the non-CDL 150 air-mile radius provision?
    C-9. How would you summarize the non-CDL 150 air mile radius provision in Part
    § 395.1(e)(2)?
    D. 14-HOUR DUTY PERIOD
    E. 16-HOUR EXCEPTION
    F. 34-HOUR RESTART
    G. SLEEPER BERTHS
    H. OILFIELD OPERATIONS
    I. DRIVER-SALESPERSONS
    J. EXEMPTIONS
    A. [RESERVED]



    B. GENERAL PROVISIONS


    B-1. Do these HOS regulations apply to intrastate commerce?

    No. Intrastate commercial motor vehicle regulations are under the jurisdiction of each State. The HOS regulations apply directly only to interstate commerce. However, most States have adopted intrastate regulations which are identical or very similar to the Federal hours-of-service regulations. A driver involved exclusively in intrastate operations should contact the State agency handling commercial vehicle enforcement in the driver's home State with any questions. Usually this is the state police or highway patrol, although in some States, the function is handled by the department of motor vehicles, department of public safety, or public service commission.
    B-2. What are the penalties for violating the HOS rules?


    Drivers or carriers who violate the HOS rules face serious penalties:
    • Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
    • State and local enforcement officials may assess fines;
    • FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
    • The carrier's safety rating can be downgraded for a pattern of violations; and
    • Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.
    B-3. Are drivers of passenger-carrying commercial motor vehicles (CMV) required to comply with the same HOS rule as property-carrying drivers?

    No. Motorcoach operators and drivers will continue to operate under the HOS rules as specified in § 395.5
    B-4. What happens if a driver operates both a bus and truck for part of each day or each week?

    A driver will be subject to the limits on driving time applicable to the CMV the driver is driving (11 hours for a property-carrying CMV, 10 hours for a passenger CMV), and will be required to meet the off-duty requirements applicable to the type of CMV the driver will drive immediately after that off-duty period (10 hours if the next assignment is in a property-carrying CMV, 8 hours if it is in a passenger CMV). For example, if a bus driver completes 8 hours off-duty for the motorcoach company, the driver must remain off-duty for another 2 hours before driving for the trucking company. After completing 10 consecutive hours off-duty, the driver may drive for 11 hours for the trucking company. Following 8 consecutive hours off-duty, the driver may then drive for the bus company.
    B-5. If a State has an 8-hour off-duty requirement for intrastate operations, may a driver who takes 8 hours off-duty after completing an intrastate trip begin driving on an interstate trip?

    No. The driver of a property carrying vehicle must take an additional 2 consecutive hours off-duty, for a total of 10 consecutive hours, before beginning an interstate trip.
    B-6. How would "waiting time" at a terminal, plant, or port be logged?

    "Waiting time" at a terminal, plant, or port may be recorded as off-duty, sleeper berth, or on duty/not driving, depending on specific circumstances.

    For "waiting time" to be off-duty, the following off-duty conditions must be met:
    1. The driver must be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
    2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
    If circumstances permit a driver to utilize a valid sleeper berth without being disturbed for a specific period of "waiting time," that time in the sleeper berth may be recorded as "sleeper berth" time. However, a driver must take eight consecutive hours in a sleeper berth, plus another two consecutive hours off duty or in a sleeper berth, in order to meet the requirement for the equivalent of 10 consecutive hours off duty. In most other circumstances, such as when the driver is required to remain with the vehicle to move it when necessary, the "waiting time" should be recorded as "on duty/not driving."
    These provisions should not be confused with waiting time of drivers of vehicles that are specially constructed to service oil wells.
     
    Last edited: Apr 23, 2011
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  3. ironpony

    ironpony Road Train Member

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    Just remember that anything short of 8 hours can be used as the short side of a split sleeper berth break. Sometimes it makes more sense to finish an 8-hour sleeper berth break than immediately heading out onto the road as well...
     
  4. Elendil

    Elendil Heavy Load Member

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    Mar 27, 2011
    Ottawa, IL
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    Thank you. I was thinking the same thing. Going to line 1 has zero effect on your 14. At least that is how I am currently being taught in school:biggrin_25512:
     
  5. ironpony

    ironpony Road Train Member

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    Huh?? All line 1 and line 2 time counts against your 14, except in the case of 8 continuous hours in the sleeper. Once you've started the 14-hour clock it runs - except in this one instance.
     
  6. Elendil

    Elendil Heavy Load Member

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    That is exactly what I said.
     
  7. double_r

    double_r Heavy Load Member

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    Sep 6, 2008
    Pittsburgh,PA
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    ...........................................................................................
     
  8. ironpony

    ironpony Road Train Member

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    I see what you're saying, but it's the wrong terminology. You're saying that in relation to stopping the 14. Most of us would take that the other way since we're more concerned with what we've got left.
     
  9. Elendil

    Elendil Heavy Load Member

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    Mar 27, 2011
    Ottawa, IL
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    I understand now. Yes, I meant it has zero effect on stopping the 14.....:biggrin_25525:
     
  10. postmandav

    postmandav Medium Load Member

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    May 18, 2008
    south portland, maine
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    I agree. When I am told that I can't be in the truck I would either log on line 1 or line 4. Most of the time I use Line 1. I can not legally use line 2.
     
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