Texas log book laws

Discussion in 'Trucking Industry Regulations' started by joseph1853, Oct 20, 2017.

  1. joseph1853

    joseph1853 Heavy Load Member

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    Waco, TX
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    I'm kind of new at this.. How to you "pm"?
     
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  3. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    TEXAS
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    click on my avatar and start a conversation with me. It is private.
     
  4. joseph1853

    joseph1853 Heavy Load Member

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    Dec 12, 2010
    Waco, TX
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    Ok so I've found out pretty much what I wanted to know about the texas log book laws. Talked to an owner operator that runs texas only with an elog. He said 8 hours is the minimum amount of time to restart your day. No 1/2 hour breaks are needed. 12 hours driving allowed with 3 hours on duty not driving which totals your day in texas can go an extra hour (15 hours). Here's the kicker when you log off duty it doesn't go against your drive time.. you take a 2 hour nap in the middle of your day, you still have that 2 hours to run..
     
  5. joseph1853

    joseph1853 Heavy Load Member

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    Dec 12, 2010
    Waco, TX
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    well i sent you a private message a bit ago. just thought you might want to know if you didn't check.
     
  6. Hangryhazmat

    Hangryhazmat Bobtail Member

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    Oct 24, 2018
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    Just wanted to chime in and see if everyone figured this out. Here is how it works. I would pull for a big hazmat company and sit in there meetings with hired DOT advisers basically ex dot officers who do this full time. How we run it and what we have confirmed from questions at inspection is that even though we are running Texas apportioned plates if the loads we are performing are intrAstate then yes we can use the Texas 7/70 hr rule which consist of 15 hour work days 12 hr drive times and no 30 minute break required. Also from what i have observed by running it is any off duty time you take during the 15 hrs is added to the back of the 15 but take that with a grain of salt, i still don't go over 15 hrs because the rule states not to run over 15. The elog that we use called big road may not have that figured out yet so don't trust it. However it is not to be abused. for instance if you take a load from Houston Texas to midland then find a good one from Midland Texas to Denver Colorado you can not cross the state line on Texas time you must have a 10 hour break that starts before midnight the day before you leave the state(example:you got to midland tx at 9 pm and take a 10 hour break and switch to federal rules after that the next morning) then your good. Even if you ran on Texas time for 28-30 hours already you are still okay. That being said when you switch to federal you must stay on federal for the next 8 days including the day you switched over. so you switch on Monday and leave the state on federal then if you came back the next day you would continue on federal rules and be required to take 10 hr breaks instead of 8 hr breaks and 30 minute breaks at or before 8 hours and all till you reached the 8th day or acquired a 34 restart then you can go back on Texas time. The Texas oil field rule is different only requiring a 24 hr break and this is not what i am trying to explain. I am only talking about Texas intrastate running not the Texas oil field rule. hope this clarifies things.
     
    joseph1853 Thanks this.
  7. ZVar

    ZVar Road Train Member

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    Flint, MI
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    The thing that should help is noting it's the commodity that makes the load interstate or intrastate, and which HOS you need to follow
    A couple of examples:
    1. You pick up sand in Waco, deliver it in Lubbock. That would be Intrastate. The load did not cross state lines.
    2. You pick up a container in Laredo, and deliver to Dalles. This would be Interstate as the container crossed a state line
    3. (Your example) Pick up a load in Lubbock, deliver to Denver. It's still 100% interstate as the "load" is what matters, not where you are currently.

    As for requiring to be on federal for 8 days... There is no federal reg that states this and I've been unable to find the Texas reg. You might want to very for a DOT officer and get them to point out the actual law. Just because an ex-officer thinks something is a law, does not a law make. Have him point to the actual law.
     
  8. Hangryhazmat

    Hangryhazmat Bobtail Member

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    Oct 24, 2018
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    what you say makes sense and you are correct! that is a very good point on where i can get in trouble loading for out of state on Texas time and crossing state lines the next day. I see this now and I am glad you pointed it out. So i should have had a 10 hour break before i ever even loaded that interstate load!! I will now factor this into my planning for my guys and I from now on. I should have made the connection long ago. I stand corrected.
     
  9. joseph1853

    joseph1853 Heavy Load Member

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    Dec 12, 2010
    Waco, TX
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    So let me make sure I'm hearing you correctly. how you've understood the law is that you pick up a load of lets say roofing material in Waco, TX and take it to lets say Houston, TX that would be a Texas only load and not require the 30 minute break and you could drive for 12 hours with a total of 15 hour day (3 hours on duty not driving? and i think also Texas law only requires an 8 hour break only not 10 and any off duty time during that 15 hour window isn't held against your total time right? I know thats a lot in one question but that sums up my understanding of it anyways. another way of saying what im hearing you say is the destination doesn't matter it's were you were from point a to point b. if anytime between those two points you were anywhere other then Texas then it is not considered a Texas load. I'm running the Verizon Fleetmatics elog and it doesn't allow for any of this but technically I could just put in the notes that this elog isn't set up for Texas hours of service.
     
  10. Hangryhazmat

    Hangryhazmat Bobtail Member

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    Oct 24, 2018
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    You could but it may still show a violation if it is not set up for Texas. If it shows you in violation after 11 hrs even though your are making notes for the extra hour of driving and on duty time and 8 hour break citing Texas law I would assume you could beat that in court but don’t quote me one that. Elogs look better with out all the red marks showing you in violation. I would just keep with what’s legal on your log program you are running and either petition them to add the rule or switch elog companies. I think those would be the only two viable choices you would have ate this point.
     
  11. ZVar

    ZVar Road Train Member

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    Flint, MI
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    Correct on the rule of Interstate vs. intrastate. A lot of people think it's what the driver does, but it's not. It's what the load does that counts.
    As for Fleetmatics, I would ask them if they do have a Texas mode. I don't know the HOS specific to Texas, but those sound correct. Of course verify with your local state officer post....

    Here is an explanation form FMCSA...
    What is the difference between interstate commerce and intrastate commerce?

    What is the difference between interstate commerce and intrastate commerce?
    If you perform trade, traffic, or transportation exclusively in your business’s domicile state, this is considered intrastate commerce.

    If your trade, traffic, or transportation is one of the following, this is considered interstate commerce. Source: 49 CFR 390.5.:

    • Between a place in a state and a place outside of such state (including a place outside of the United States)
    • Between two places in a state through another state or a place outside of the United States
    • Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States
     
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