Switching from 60 hr schedule to 70 hr schedule

Discussion in 'Trucking Industry Regulations' started by Kyle G., Apr 17, 2020.

  1. Kyle G.

    Kyle G. Road Train Member

    Joined:
    Jan 23, 2016
    Messages:
    3,843
    Thanks Received:
    20,165
    Location:
    Eastern Iowa
    0
    I am a local driver, home every night and every weekend. My company operates on the 60 hours/7 day rule instead of the 70 hour rule that I am used to.

    Problem is, I am so busy right now that I am having trouble staying under 60 hours in a mon-fri work week.

    Can I go against the company and choose to operate on a 70 hr schedule instead, on my own, or so does the whole company have to operate on the same schedule.
     
  2. booley

    booley Road Train Member

    Joined:
    Feb 16, 2008
    Messages:
    1,422
    Thanks Received:
    9,546
    0
    Pretty sure you have to run the same rules as the company and I believe the 70 hour rule is only used if the company operates 7 days a week. So if they're closed weekends, doesn't apply.
    If you're an "essential" employee, regulations have been eased, haven't they?
     
    Kyle G. Thanks this.
  3. 062

    062 Road Train Member

    Joined:
    Oct 20, 2013
    Messages:
    6,205
    Thanks Received:
    33,433
    0
    The way a motor carrier operates is what determines which rule they have to follow. The driver has no choice.
    Unless you’re hauling product that’s been exempted from hours of service, then you have to comply with the regulations.
     
    Bean Jr. and Kyle G. Thank this.
  4. Kyle G.

    Kyle G. Road Train Member

    Joined:
    Jan 23, 2016
    Messages:
    3,843
    Thanks Received:
    20,165
    Location:
    Eastern Iowa
    0
    Ok, that pretty much answers my question, thanks for the responses.
     
    Bean Jr. Thanks this.
  5. mpd240

    mpd240 Road Train Member

    Joined:
    Sep 17, 2011
    Messages:
    1,540
    Thanks Received:
    3,623
    Location:
    Minnesota
    0
    Were the same way. Wish it was 70 instead of 60. Have a hard time on a busy week. We run trucks seven days a week. The ones on Saturday or Sunday are usually shuttles. But there are routes that carry over to Saturday occasionally and routes that start Sunday night.
     
    Kyle G. Thanks this.
  6. not4hire

    not4hire Road Train Member

    Joined:
    May 16, 2012
    Messages:
    7,142
    Thanks Received:
    26,957
    Location:
    Calgary
    0
    Is the carrier operating CMVs every day of the week?

    You have to follow whatever the carrier decides, but the carrier can assign different rules to different (or all) drivers as they wish.

    From the Guidance for § 395.3: Maximum driving time for property-carrying vehicles.

    Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?

    Guidance:
    Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.

    - Section § 395.3: Maximum driving time for property-carrying vehicles.
     
    Kyle G. Thanks this.
  7. ZVar

    ZVar Road Train Member

    Joined:
    Sep 10, 2010
    Messages:
    10,911
    Thanks Received:
    23,827
    Location:
    Flint, MI
    0
    Which means if the company shuts down for the weekend they cannot legally use the 70 hour rule. If any terminal in the company runs 7 days though, talk to your terminal manager and see if he will switch to a 70 hour week.
     
    not4hire and Kyle G. Thank this.
  8. snowwy

    snowwy Road Train Member

    Joined:
    Jul 6, 2009
    Messages:
    20,543
    Thanks Received:
    13,278
    0
    What do the rules that sign your paychecks say?
     
    Kyle G. Thanks this.
  9. REALITY098765

    REALITY098765 Road Train Member

    Joined:
    Sep 17, 2017
    Messages:
    1,489
    Thanks Received:
    1,321
    0
    Does the fact that the OP is a ''local'' driver have any impact on the answers?
    Like 12 hrs a day or something and 5 days a week?
     
    Kyle G. Thanks this.
  10. snowwy

    snowwy Road Train Member

    Joined:
    Jul 6, 2009
    Messages:
    20,543
    Thanks Received:
    13,278
    0
    No.

    The company has to roll 7 days to use 70 hours.

    Local or long haul makes no difference.
     
    Kyle G. and ZVar Thank this.