Using the 16 hour exception......

[jteamomaha]

I drive within the 100 mi. radius delivering grocery loads. Our shifts can be long, up to 12-14 hours and we're usually pretty exhausted at the end of the shift. My employer claims that they can force us to stay up to the 16th hour 1 day per week. I do see in the FMCSA regulations that we can utilize this as stated, but once in a weeks shift. My question is.....can my employer "force" me to stay on duty up to the 16th hour, or is this strictly a driver option? Seems to pretty irresponsible to me to keep going when one is "out of steam" and ready to sleep. I'd hate to be involved in an accident and hurt or even kill someone just because my employer claims it's busy and needs us to keep going. Any and all input much appreciated.....have a great day !!

[Fozzy]

I drive within the 100 mi. radius delivering grocery loads. Our shifts can be long, up to 12-14 hours and we're usually pretty exhausted at the end of the shift. My employer claims that they can force us to stay up to the 16th hour 1 day per week. I do see in the FMCSA regulations that we can utilize this as stated, but once in a weeks shift. My question is.....can my employer "force" me to stay on duty up to the 16th hour, or is this strictly a driver option? Seems to pretty irresponsible to me to keep going when one is "out of steam" and ready to sleep. I'd hate to be involved in an accident and hurt or even kill someone just because my employer claims it's busy and needs us to keep going. Any and all input much appreciated.....have a great day !!

Well, I'd probably have to point out to the boss who exactly is in charge of the HOS as it relates to ME. It's not up to the "boss" to "make" you run in an "exceptional" basis on a REGULAR basis. The DOT would love to do the audit on that one.

[ben45750]

can my employer "force" me to stay on duty up to the 16th hour, or is this strictly a driver option?

I guess if you allow them to "force" you to work to your 16th hour. But, it's legal for them ask you to drive to your 16th hour once a week between 34 hour restarts but you are the captain when your driving your truck. If you experience "driver fatigue", No they can't force you to do anything.

[jnk2001]

No one can force you to do anything, but they can pull an "end around" and make it hard on you. :shock: :?

[thriver]

Your company can't force you to use the 16 hour exeption once a week, just like you can't force them to keep you employed.

You shouldn't put yourself, or others on the road, at risk whether it's your 15th hour on duty or 1st hour on duty.

[Nomad_]

It had this happen to me once.

1) Safety told me that it can't be a planned event. It is only for an emergency situation, so your boss is full of it.

2) I got called in as to why I let it happened. Safety and Dispatchers were not pleased, but it happens (long wait customer site and half way home). More importantly dispatch tried to squeeze a run out of me after I had already worked an 8 hour day. By the time I got to the site and pretripped and started my run, I was at 11 hours.



Here is a cut of mine from a previous post:

Anyway, my out was that I am a local driver and my trips are within a 100 air mile radius. Also, I return to my home base. There is an allowance/exception for one to EXTEND their 14 hour continuous Workday to 16 hours. This is only allowed once per reset/week.. AND IT CAN’T BE A PLANNED SCENARIO!

See cut and paste details below from the reg:

********************CUT AND PASTE******************

C-7. May a "100 air-mile radius" driver utilize the "16-hour duty period" exception in Part § 395.1(o)?
Yes. A driver normally operating under the 100 air-mile radius exception in
§ 395.1(e) may also meet the requirements in § 395.1(o) enabling the driver to have one period of 16 hours on-duty each week (or after a 34-hour restart). However, on the day in which the 16-hour exception is utilized, the driver would not meet the 12-hour duty-period requirement of the 100 air-mile radius exception and would therefore be required to make a RODS for that day.

********************END OF CUT AND PASTE*******************

[Cluggy619]

From what I gather, the 16th hour is reserved for in case you find yourself out and know you cannot make it back before you run out of normal hours. This is only allowed once between resets.

Now, that being said, should your boss ever try again, try to remind him that you might make it back with in that 16th hour, and then you have to shut down the truck until he brings out a new driver. Most bosses don't like chasing their truck down. :wink:

[ssoutlaw]

You still don’t get any extra driving time; it just allows you to work 16 hrs. This is good on a heavy day with stops that cut into your 14 hrs! Don’t bitc$ about 1 day a week, you get paid for it don’t you??? And it can be a planned thing. I did it for months on a Thurs run into Ohio from Indiana. Why stay in a hotel because of stops? You all bitc$ here about not sleeping in your own bed, but now you would rather sleep in a hotel because of 2 hrs, go figure. Remember 1 thing, if you do not come back to your starting place EVERY DAY, you cannot use this rule!

[jteamomaha]

SSOUTLAW - Perhaps you didn't read my question.....or didn't care. I asked a question and asked for some input. Everyone was helpful, except you .... I work locally, you missed that. I just asked if it was a driver option or employer forced. Your words are full of anger and resentment. Read closer next time and pay attention before you attack! To all the rest of you who were helpful, Thank You for taking the time to add your "comments."

[ssoutlaw]

SSOUTLAW - Perhaps you didn't read my question.....or didn't care. I asked a question and asked for some input. Everyone was helpful, except you .... I work locally, you missed that. I just asked if it was a driver option or employer forced. Your words are full of anger and resentment. Read closer next time and pay attention before you attack! To all the rest of you who were helpful, Thank You for taking the time to add your "comments."

Post was not directed at you, and there was no anger at all, what’s wrong did you have a bad day???? And yes, if your company knows the rules and exceptions they could force you 1 day a week to use this exception!!!!
It’s in your benefit anyway! Maybe you like to stay in motels and make less money, who knows?
There is no such thing as having to pay overtime in most of the trucking industry; I think this is what you might be leading too!!! Just work the 16 hr day and QUIT trying to find something to bitch about!!!! Better yet, tell them NO and see what kind of runs you get from then on!!! Better yet, use your god given right to quit if you are so worried about it!
Now If you like I can start the attack, just QUIT crying and work the friggin 16 hr day!!!

[jteamomaha]

OK SS, let's try this one more time, and for the last time. Seems things have gotten a bit off track......

1. I asked a QUESTION......and asked for input. I received alot of answers, mostly helpful, one not.

2. I was not bitching...I like my job. Again, I was asking a QUESTION.

3. No need to try to find anything to bitch about, I like my job as stated above. We're Teamsters, good pay, good benefits etc. We just have one dispatcher who kept throwing this out to everyone. That's why .... I asked the QUESTION.

4. Our runs are pretty much the same, and we're on bids, so they can't play with us there even if they wanted to. From what I've seen don't think they would. My employer/dispatcher/coworkers all get along fine and work well together. I needed some clarification because the rules can get fuzzy sometimes and full of loopholes and/or contradictions.

5. If the Post was not directed at me, then who? It was my Post. No biggie though, got my QUESTION answered.

6. Not cryin' or bitchin', and haven't had to work a 16 yet. Certainly don't intend on quittin'. You may start the attack if you wish, I don't have time for it.

Happy Motoring......

[ssoutlaw]

OK SS, let's try this one more time, and for the last time. Seems things have gotten a bit off track......

1. I asked a QUESTION......and asked for input. I received alot of answers, mostly helpful, one not.

2. I was not bitching...I like my job. Again, I was asking a QUESTION.

3. No need to try to find anything to bitch about, I like my job as stated above. We're Teamsters, good pay, good benefits etc. We just have one dispatcher who kept throwing this out to everyone. That's why .... I asked the QUESTION.

4. Our runs are pretty much the same, and we're on bids, so they can't play with us there even if they wanted to. From what I've seen don't think they would. My employer/dispatcher/coworkers all get along fine and work well together. I needed some clarification because the rules can get fuzzy sometimes and full of loopholes and/or contradictions.

5. If the Post was not directed at me, then who? It was my Post. No biggie though, got my QUESTION answered.

6. Not cryin' or bitchin', and haven't had to work a 16 yet. Certainly don't intend on quittin'. You may start the attack if you wish, I don't have time for it.

Happy Motoring......

Well lets see here, the DOT rules here says a driver can use this exception 1 time a week as long as you return to your home terminal EVERY DAY!!! By the way, this exception should not be confused with the adverse weather condition exception! Your post said you were worried about being TIRED and of safety, but the LAW says it is fine 1 day a week, go figure.....lol I was in the restaurant business delivering to Little Caesars pizza stores for 10 yrs and sometimes for 1 reason or another stops can take longer sometimes and eats up your driving time. A route may only have lets say 4 hrs driving time but lets say there is more freight for the stores that week so your work time is increased, this is the reason for the exception!!! The comment I made about " you all bitch here" was a broad statement. You are not "You all" and the people that was intended for KNOW who they ARE!!!! I don’t know you from a hole in the ground,and to tell you the truth, I don’t want too. this was the first post I have read of yours, but it know looks like we will be bumping heads a lot!! Looks to me you are spoiling for a fight anyway or the work is just too much for you! This industry is full of long days, get used to it or go work for a fast food restaurant somewhere where you only work 6 hrs a day. Then you wont be so tired after a long days work!!! Nowhere in my original post did I attack you, if I would have, I would have quoted your post in mine, like I did this time!!! Go back and read my post, there was help in it!! So get over yourself!!! Remember when some one is talking to YOU in a topic; they will use your QUOTE in the body of their message. Have a wonderful day, and DON’T WORK TO HARD……lol



Wanna hear a piss off, I am not Union but make union wages, and have great benefits also. This is the kicker, I DONT PAY DUES....lol
And a long days work has never bothered MEEEEEEEE.....lol
If a company KNOWS the day is going to be a little longer than normal, but can be done in 16 hrs, and knowing you can not do this again for the week, YES they WILL EXPECT you to do it!!! The law says you can, so they will too!!!

[Ian Williams]

Yes then can ask you work a 16hr day.

We run into this all the time in LTL land.

Most everything we do except road driving is considered line 4. The one exception is running the Hosteling tractor is considered driving by Con-Way.

I've had weeks where we were crazy busy where I was at my 70 after a 5 day week. Using your extension is about the only time you have to worry about running out of your 70hrs. We reset every weekend.

Breakdowns and or delays at the meet point or Hubs getting you freight to go home are the most common causes. It also happens when we have more freight than drivers in the summer and I get voluntold to run to Sacramento after 6-8hrs of working city & dock.

[larz0142]

Man...Outlaw what's up with young people today nobody wants to work..Throw enough cash in my face I'll work...lol..

[ssoutlaw]

Man...Outlaw what's up with young people today nobody wants to work..Throw enough cash in my face I'll work...lol..

Go figure...lol I think it has to do with the world owes you a living type of shi$ :shock: :shock:

[jegzus]

I use this rule every now and then to get home from the NYC or CT. Because we all know how NYC and CT traffic can be. It don't bother me it just lets me do those loads which pay pretty damn good.