Short Haul Exception

Discussion in 'Trucking Industry Regulations' started by Rug_Trucker, Sep 8, 2011.

  1. double_r

    double_r Heavy Load Member

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    Now I see where the problem is. You are confusing short-haul with the 16 hour rule, two seperate things. You are also confusing short haul with local. Sorry bud, but local drivers(home every night) DO fall under DOT HOS. We drive CMV and hold Class A and B CDLs.

    The original OP was taking about the 16 hour rule but put the title as the short haul rule, two seperate things, his mistake. So you would be correct on the short haul but local drivers that utilize CMV and hold CDLs have to follow the same HOS rules as everyone else. Yes, we can get away with not useing a log book if we are under 100 air miles, but that is not mandatory, that is an option. Using a log book for local(home every night) delivers can be a PIA when your stops are five miles apart but the name of the town changes, been there, done that and we also get the 16 hour rule once a week provided taht we meet the requierments.

    And no, we are not limited to 12 hours. We are limited to DOT HOS. 60 in 7 or 70 in 80, 11 driving in 14 except once a week if conditions are meet.
     
  2. THBatMan8

    THBatMan8 Road Train Member

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    Some things might have been thrown off due to misinterpetations, but you should take the time to carefully read that section of 395.1 I quoted. That applies to local drivers.

    No one is limited on how many hours on duty they want to work. You ARE limited if you want to remain exempt from 395.8 and not log.

    Yes, you can still use the 16 hour extension on the 14 hour clock as a line haul operator, provided you meet the criteria to use it. It does NOT extend your drive hours. It ONLY extends the on duty hours. As a local driver exempt from 395.8, you don't have drive hours. You can drive that entire 12 hour period and not violate anything, provided you stay within the radius. You can also drive the entire 16 hour period and not violate anything, provided you stay within the radius.

    BTW, this is turning out to be a great thread! Needs to be a sticky IMO. :yes2557:
     
  3. double_r

    double_r Heavy Load Member

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    You know what, I'm done with this thread! You are giving false information! Go play at a truck stop. when you have 13 years local driving under your belt, then tell me how a local drivers hours are, until then, GO HOLD THE ####### STEERING WHEEL AND AIM THAT TRUCK DOWN THE HYWAY!

    AND TO THE MODS AND ADMIN, DELETE MY ####### ACCOUNT!!!!!! NOTHING BUT ######## ROAD DRIVERS ON HERE ANYWAY!!!!!!!!!!!!!

    #### YOU!!!!!!!!!!!!!!!!
     
  4. rockee

    rockee Road Train Member

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    Well, that's certainly the mature way to handle things..............:biggrin_25513:
     
    THBatMan8 Thanks this.
  5. THBatMan8

    THBatMan8 Road Train Member

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    If you call 395.1 false information then..... :biggrin_2559:

    I understand what you're saying. You aren't understanding what I'm saying. And what difference is 5 years going to make? This was a good thread, until that post. Honestly, was that needed?
     
  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    You are under the federal HOS any time you are behind the wheel of a truck and engaged in interstate commerce, whether running local or OTR. You are STILL limited to 11 hours driving, a 14 hour work day, and a 70 hour work week in 8 consecutive days (or 60 in 7 if the carrier operates 6 days per week).

    Just as any other driver, your work day can extend as long as necessary on line 4, so long as you do not go to line 3 prior to a 10 hour break. There is NO limit to line 4 time. You can exceed the 14th hour on line 4. You can exceed the 70th hour on line 4 as well. The limits ONLY govern when you can or cannot be on line 3.

    There is no local exemption from the HOS regulations, only from the requirement to keep a record of duty status. There are specific requirements which need to be met in order to operate under that exemption, though, such as remaining inside a 100 air-mile radius, being released from duty at the same location you started the day within 12 hours of going on duty. The carrier also needs to maintain a record of the hours you work...including your name, date, time you start work, time you are released from work, and the total number of hours you worked. If ANY of those requirements are not met, you must log that day just as any OTR driver would log. As long as the carrier maintains the record of your hours worked, you only have to have the current day's log page in the truck if you work past the 12th hour or go beyond the 100 air-mile radius. As long as you meet the requirements to operate under the 100 air-mile exemption, NO documentation is required to be carried in the truck.

    The 16 hour exemption exists to allow a "local" driver the extra time which may be necessary in order to complete a run which would have ordinarily been able to have been completed within the legal work day due to unforeseen delays. A local driver in a day cab who returns to the terminal at the end of each shift does not have the luxury of finding a truck stop or highway rest area to pull into or remaining at a shipper or receiver in order to climb into the bunk and take a 10 hour break. There is no bunk on a day cab, so the extra time is allowed on a highly restricted basis...1 time per week....to prevent it's overuse/abuse. If a run routinely takes more than 14 hours to complete, it does not qualify for the 16 hour exemption because you must be able to complete the run LEGALLY in order to utilize the time extension.
     
  7. THBatMan8

    THBatMan8 Road Train Member

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    Not true. The link I posted from 395.1 clearly states that. For the bolded part, that is the 2 hour extension on your drive time. Unforseen delays such as a traffic jam would qualify. The 16 hour extension can be used any time, regardless of the situation. You can only use it once a week though.
     
  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Actually, you cannot drive the entire 12 hours. Even running within the 100 air-mile exemption, you are operating under the same HOS as an OTR driver...you just aren't required to document your every change of duty status. It is assumed that if you stay inside of a 100 air mile radius and are released from work within 12 hours of reporting for duty, you CANNOT drive more than 11 hours. You still have to do a pre-trip and post-trip on the truck. You still need to fuel the truck. You still need to load/unload/drop/hook. All of that takes time...time out of that 12 hours...which makes it pretty much impossible to exceed 11 driving hours.

    Once you are aware that you no longer meet the requirements to operate under the 100 air-mile exemption, you MUST IMMEDIATELY bring your record of duty status up to the current time. In other words, when you reach the 12th hour you must start a log book page for the day, filling in the entire day up to that point in the same manner as an OTR driver....every load, every unload, every fuel stop, all of your drive times, any breaks or other stops along your route must be shown. At that point, you may proceed past the 12th hour or beyond the 100 air-mile radius, and for the rest of the day, you must continue logging your activity. You are still limited to 11 hours of drive time. You are also still limited under the 14 hour rule unless claiming that once-per-week extension to allow you to return to your terminal at the end of your shift following a run which, under normal circumstances, could have been completed within a legal work day.
     
  9. rockee

    rockee Road Train Member

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    I have not read the whole thread but I believe some of your statements are incorrect, you still have only 11 hours of drive time, no matter if your local or not. With some exceptions like Ag and oilfield work. And you are only exempt from logging, you are not exempt from the HOS.

    Maybe this has been posted before in this thread but here are a couple of excerpts from everyones favorite website:

    (e) Short-haul operations—(1) 100 air-mile radius driver. A driver is exempt from the requirements of § 395.8 if:
    (i) The driver operates within a 100 air-mile radius of the normal work reporting location;
    (ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
    (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
    (iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off-duty; or
     
  10. THBatMan8

    THBatMan8 Road Train Member

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    I reread that reg, seems I misinterpeted it. It's been over a year since I drove local, so I can't remember everything. Yes, with fuel, loading and unloading, it's impossible to drive the entire 12 hours if you're a property or passenger CMV.