Service Hours Question

Also that 70 wont save you at the distributor of spices when there is 5000 items to be counted, loaded by hand onto the floor checked against the bills. That will take you a while. You cannot drive until you have hours back.

The Spices come out of McCormick Baltimore/Hunt Valley and was a millstone on my neck at times. Very good shipper but really awful to deliver for a variety of reasons, one of which is time lost unloading.

 

Umm.. I can't. I know it's a weird concept but when someone says there is no regulation, it's kinda hard to point to one.
How about this though, since you are convinced there is a regulation for it. I'll even make it easier for you. Point to one single regulation that limits on-duty time. You won't find one. Oh, there are plenty that limit driving time based on on-duty time, but no actual limits on on-duty time exists in FMCSA.

 

Now I am aware that last part says you can't drive when you go past that clock. However state DOT officers will ticket you if you show any place in your last 7 days when you were over that weekly total. It is a violation.

 

Not going to argue on-duty time with you as you are correct. Never said you weren't. On-duty time is not limited though. I bolded the relevant line of your post. Drive time is limited, not On-duty.

 

I highlighted the key word for you. You may have seen drivers get logbook tickets for DRIVING while out of hours, or even for not properly logging "on duty" time as such. You have NOT seen a driver receive a violation for line 4 time in excess of the HOS because it is only a violation to be on line 3 beyond the HOS limits. "A driver may not DRIVE...".

 

Then DataQ it, get a supervisor over, or take it to court to get it dismissed. Just because an LEO is stupid does not make it illegal.

 

I think you need to re-read that because you just posted the exact rule that proves you are 100% incorrect.

All it states is that you can not DRIVE after accumulating xx amount of hours over y period of time. It says absolutely zip about being ON DUTY, NOT DRIVING.

 

The basic problem here is how the rule is interpreted. It is frustrating and makes no sense in a lot of situations. Also for some unknown reason the FMCSA provides no regulatory guidance for the HOS section. I saw a driver at the Hope Arkansas scale get into it with an officer. The driver was in the right seat and started a pissing contest with the cop. It got nasty and the driver sitting in the right seat got a ticket. I tell new drivers all the time to be very careful of that right seat and that weekly clock.

 

Well, would be nice to actually not be telling everyone it's the law when it's not, just because you are afraid of a stupid LEO.

As for witnessing the ticket, I seriously doubt you know all the facts. Even if you do, again because an LEO is wrong does not a regulation make. More than likely the drivers attitude is what got him the ticket. Even if not, that's what courts are for. A stupid ticket that does not break any laws will get dismissed. Sure it's a hassle, but that's life.

 

Well I regularly put in more than 70 hours in over 7 days. Once I hit 70 hours (usually by the end of day 6 or midway through day 7) I just spend the rest of the day organizing/cleaning my truck or helping out around the shop. Been through a government compliance audit (as well as an internal audit prior to the government one) and not one word has been said about me having 72-76 hours of combined on duty and drive time.