Working hours question

Discussion in 'Trucking Industry Regulations' started by nabgat, Jun 9, 2013.

  1. nabgat

    nabgat Bobtail Member

    3
    0
    Jun 9, 2013
    0
    Hey guys and gals, just found this site and it is fantastic. I have a quick question. My company just changed some things and was wondering if anyone new the correct law on this. The warehouse workers are all required to have and maintain a CDL license. How many hours can they require them to work in a day. They work a 18-20 hour shift with two 15 minute breaks and one 30 minute lunch. Do the hours of service rules apply to them like they do us drivers?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. tinytim

    tinytim Road Train Member

    5,143
    18,094
    Oct 29, 2007
    Northern Ontario
    0
    Yep, just like us the HOS put conditions on when they can drive a commercial vehicle and no limits on when they can perform non driving duties.
     
  4. RickG

    RickG Road Train Member

    12,812
    6,136
    Jul 22, 2008
    Owensboro , KY
    0
    The hours they work count as on duty but if they drive entirely within the state they are exempt from Federal HOS
    Now here's where there may be some debate if they drive interstate . They are not exempt from keeping daily logs because they work over 12 hours a day and if they do drive they must have logs from the past 7 days and 10 hours off duty before driving .

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.1#Tag13

    http://www.fmcsa.dot.gov/rules-regu...95.8&guidence=y&keyword=local exempt 12 hours
     
    Last edited: Jun 9, 2013
    tinytim Thanks this.
  5. nabgat

    nabgat Bobtail Member

    3
    0
    Jun 9, 2013
    0
    Thanks guys. So if I understand correctly the company can work them however many hours as long as they do not drive.
     
  6. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0
    Just because you have a CDL does not mean the HOS apply.

    If the warehouse job does not have duties of driving on the road, then nothing applies.

    If the warehouse job does have driving on the road, then rules apply as to whether local, or otr.
     
  7. nabgat

    nabgat Bobtail Member

    3
    0
    Jun 9, 2013
    0

    Thats what I thought. Seems strange that as drivers our HOS carry over to our personal vehicles when we get off (if we are over hours and on the drive home we get into an accident we could be held accountable) but if they work however many hours they are not accountable on their drive home. Am I correct in that assumption?
     
  8. not4hire

    not4hire Road Train Member

    7,142
    26,957
    May 16, 2012
    Calgary
    0
    HOS do not carry over to personal vehicle use. If a CDL holder is in an accident they are no more, nor less, "accountable" than a non-CDL holder. Your assumptions are incorrect.
     
    cetanediesel Thanks this.
  9. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0
    The HOS do not carry over to a personal vehicle.

    However, have an accident after reaching the max hours and driving home or whatever in the personal car, then an attorney just might try.
     
  10. RickG

    RickG Road Train Member

    12,812
    6,136
    Jul 22, 2008
    Owensboro , KY
    0
    A lot of drivers drive semi tractors home off duty and it doesn't count on their hours
     
    cetanediesel Thanks this.
  11. STexan

    STexan Road Train Member

    14,963
    29,153
    Oct 3, 2011
    Longview, TX
    0
    Another series of questions might be ...
    if a worker (who may be asked to drive at any given time) has been working the warehouse for 5 days (no driving time), should he have been maintaining a log book?

    if same worker (after 5 days in the warehouse) is then asked to drive, does he need to bring up a log book to current, to include last days working warehouse?

    if same worker drives 1 day, following 5 days in warehouse, does he have to continue a log book once back in the warehouse?
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.