Working hours question

The issue here is employees are working over 12 hours a day and obviously getting less than 10 hours a day off duty . When you drive you are required to show the number of hours worked in the past 7 days and have a 10 hour break before driving .

 

My question would be this,define driving for a warehouse worker. Are they required to maintain a CDL only to move trailers around the yard or do they go out on the road for deliveries? If it is only yard work and do not actually hit a public street does the HOS really apply to them? Unlikely that an officer is going to go onto private property and ask to see a log of a driver that is just moving trailers around.

 

Is quite black and white:

If they plan on actualy driving in the next 7 days they need to keep a log. On Monday, they go "on duty" when they get to work. They can then drive with in the 1st 14 hours, but CANNOT drive with in the last 4 hours if they are working an 18 hour day. After the 14 hours they would need a 10 hour break before driving. They are not in violation (as far as hos are concerned) because they work after their 14, they are just not eligible to drive.

If you go by the 100 mile rule, they still need 10 hours off duty between work shifts. (even if they dont show a log)

If just moving around yard, they do not need a CDL or log books because DOT does not have authority once you leave a public road. (aside form anti idle laws and such)

 

I literally just went through this last week. I drive locally part time. My full time job has nothing to do with driving. 99% of the time I am driving local within the 100 air mile radius so I am log book exempt. But I had to do a run out of state and would be leaving my exempt status, here is what I found...And I even called two DOT field offices to verify so I could stay compliant;

All hours count as "On Duty Not Driving" Even if you are working another job! Those hours will count against you. So lets say you work a 14 hour shift over night stocking shelves at Walmart...When you punch out in the morning you will need 10 hours off before driving. So if you are working in a warehouse and driving occasionally or working somewhere else and driving part time all hours worked are On Duty Not Driving! Unless, of course you are actually driving then its On Duty Driving!

If you are driving "exempt" you dont need a log book but accurate time records must be kept by your employer. If you at times go outside your 100 air mile exemption you need a log book for that day only. I called DOT because I was concerned on the day I was driving non exempt I was starting at 5 am so the log book for that day would only show 5 hrs off duty. I was told that if on the first page I wrote " Driving Local 100 Air Mile Exemption" And use the previous 7 days date range and on the second page complete the log book for that day with each change of duty status. You do NOT need to complete the grid on the first page since you were exempt. Time records will clarify the rest if DOT had any issues. Your employer needs to keep acccurate records. You can bring copies of the previous 7 days time cards if you like but it is not required.

One other example is if you are driving within the exemption zone then say four hours into your shift you are told to drive somewhere outside the exemption zone you will then need a log book for the day and you are allowed to retroactively fill in the grid for the earlier parts of the day since the requirement states you need to log the full day for times outside the exemption area.

Keep in mind I called Florida DOT for claification so other states may tell you something different. I got two opinions so I felt good about how I recorded my trip. Also in the last 30 miles of my trip I received a Level 1 inspection at a scale house and left with No Violations so it worked for me.

 

I'm real busy now but will talk later, I'm driving

 

We'll be waiting with bated breath.

 

Let's see how long you can hold it. Anyway why are you eating bait anyway, ye got no money?

 

Now that's pretty good, being the wannabe I am! Thanks!

simon