Service Hours Question

If you're driving a team and one of the two drivers hits the 60/7 or 70/8 trigger, does the truck have to shut down for both drivers?

 

No. Only that driver can no longer drive. He can still be on duty. The other driver with hours can drive.

 

Thanks Ryan.

 

Yes.

Been there done that. Maybe three times during our team together.

Imagine, both us clean out of hours until recap second day of waiting (Basically a 48... the hard way) in Lubbock Tx. Driver comes up and asked us do we have a load? No, we are out of ours.

Huh. A FFE Husband wife team out of hours. Ha.

Ha yourself Texas, we had a paycheck that week.... =) We used the time to disinfect, clean, laundry etc everything to make ready for the new week. lots of work.

We learned to pace ourselves to where the recap gave both of us a full 10 hours (Prior to 2001) so we did not have to sit anywhere again.

I hate to conflict with the other poster who said no. He is technically and lawfully correct, I take a more conservative approach with spouse so that we both are on the same page. One of us always had hours just in case the balloon went up in Dispatch and that truck absolutely has to be the one to catch the hail mary load.

 

Be careful. Once a driver goes past the 60/70 hour clock and they are on either line 3 or 4 and in a CMV they ARE VIOLATING THE FMCSA HOS RULES! This can get a driver a logbook ticket and placed OOS. A driver in this situation had better go sleeper berth. This has been a misconception for a long time. Line 4 counts on that weekly clock.

 

Umm.. NO
They can be on line 4 for 100 hours strait and FMCSA not care. Oh their body will I'm sure, but it's 100% legal. What cannot happen is they cannot drive (line 3) until the required break is taken after that 100 hour stint.
As for the op's question yes the truck can still move. Heck the co-driver can still work (unloading, etc). He would just need to take the required break (either a 10, wait until midnight for hours, or a 34 reset) before he can drive again.

 

Generally speaking a driver in the right seat is on line 4. However it has been my experence over the years when stopped most DOT officers will leave the occupant of that seat alone unless you do something to cause closer scrutiny by said officer. However once you try to log that time as line 4 time and you over that 60/70 hour limit you are busting that clock.

 

Show me that in in the FMCSA rules! That is wrong!

 

Yes, line 4 time counts against your 70, but it is NOT a violation to be on line 4 beyond 70. Read the regulations concerning HOS...they say you may not DRIVE after being on duty 8 without a 30 minute break. You may not DRIVE more than 11 hours. You may not DRIVE after the 14th hour after coming on duty without a 10 hour break. You may not DRIVE after reaching 60/7 or 70/8. Says nothing about being on-duty-NOT-driving, because the FMCSA can't restrict those hours as it is not a "public safety" issue. Their ONLY concern is that you are well-rested WHILE DRIVING. Stay on line 4 for 72 hours straight...then take 34 off to reset your clock and you're good to roll. Put in a 13 hour day, then spend another 6 wrenching on the truck on line 4...then take 10 off and you're legal. Start your day, drive 7 hours to the shipper and then spend 5 more on line 4 loading and securing a hodgepodge of miscellaneous "freight" on your trailer...grab a quick 30 off duty and you can head out. All 100% legal with no violations. Why? Because you did not DRIVE when you were "out of hours". You can work. You just can't drive.

 

Rules per FMCSA >> Definitions
On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.






Now look at the actual rule.

(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.
(c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.
(2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.
(d) A driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.



I have seen drivers get logbook tickets for this!