Violations... (HELP)

[unkut2003]

After researching my options, I've decided I'll just claim the 16 Hour Exception, and pray they let it slide??? Other then that, I have no other explanation! Heres what I read about the rule, and also what I'll include with my statement.....

16-hour Exception - A property-carrying CMV driver may extend the 14-hour on-duty period by 2 additional hours once every 7 days if they:


Have been released from duty at their normal work reporting location for the previous 5 duty tours;

Are released from duty at their normal work reporting location within 16 hours after coming on duty following 10 consecutive hours off duty; and

Have not taken this exemption within the previous 6 consecutive days, except following a 34-hour restart of a 7/8-day period.

As long as your line 3 is 11 or under, then you should be ok.

I'll know for sure tomorrow when I get the book in front of me, but I wanna say it was 11.25hrs drivin, and another 5hrs of on duty... :?

If it is 11.25 driving, then you are in violation and cannot claim the sixteen hour rule. If that is right, then I would have shut the truck down and called the company and tell that that:
A)They send someone out to drive the truck and you home
or
B)Who inform them that you are getting a motel room for the night at thier expense and that you would be in after you ten hour break.

11.25hrs drivin, and another 5hrs of on duty

16.25 hours for the day. You are in violation of both the 11/14 and could not even use the sixteen rule. You have to be under 11 hours on line 3 to use it and cannot have a total past 16 hours.

It figures...... when it rains it pours! Sowhat do you feel my would be in my best intrests??? What should I write in the explanation section of the paperwork my company wants submitted???

Honestly, tell them that you screwed up at that next time you run out of hours and cannot make it back to the yard, that they can either send another drive out to get the truck and you or they can pay for a motel for the night.
Next time you know that you will not make it back in the time alloted, call and inform your company and give them those two options. If they are a good company and resepct the drivers, then you should be ok. If they tell you to drive back anyways, find another company to drive for.

Would saying it was a LONG Friday, I was exhausted having worked a LONG day, I forgot to log my fuel stop for 30 min? That would drop my 11.25hrs of drive time to 10.75.... and then with my 5 hours ofon-duty, I'd still make the 16 hour rule.... right??? Sorry, just a little confused here.

[Double R]

After researching my options, I've decided I'll just claim the 16 Hour Exception, and pray they let it slide??? Other then that, I have no other explanation! Heres what I read about the rule, and also what I'll include with my statement.....

16-hour Exception - A property-carrying CMV driver may extend the 14-hour on-duty period by 2 additional hours once every 7 days if they:


Have been released from duty at their normal work reporting location for the previous 5 duty tours;

Are released from duty at their normal work reporting location within 16 hours after coming on duty following 10 consecutive hours off duty; and

Have not taken this exemption within the previous 6 consecutive days, except following a 34-hour restart of a 7/8-day period.

As long as your line 3 is 11 or under, then you should be ok.

I'll know for sure tomorrow when I get the book in front of me, but I wanna say it was 11.25hrs drivin, and another 5hrs of on duty... :?

If it is 11.25 driving, then you are in violation and cannot claim the sixteen hour rule. If that is right, then I would have shut the truck down and called the company and tell that that:
A)They send someone out to drive the truck and you home
or
B)Who inform them that you are getting a motel room for the night at thier expense and that you would be in after you ten hour break.

11.25hrs drivin, and another 5hrs of on duty

16.25 hours for the day. You are in violation of both the 11/14 and could not even use the sixteen rule. You have to be under 11 hours on line 3 to use it and cannot have a total past 16 hours.

It figures...... when it rains it pours! Sowhat do you feel my would be in my best intrests??? What should I write in the explanation section of the paperwork my company wants submitted???

Honestly, tell them that you screwed up at that next time you run out of hours and cannot make it back to the yard, that they can either send another drive out to get the truck and you or they can pay for a motel for the night.
Next time you know that you will not make it back in the time alloted, call and inform your company and give them those two options. If they are a good company and resepct the drivers, then you should be ok. If they tell you to drive back anyways, find another company to drive for.

Would saying it was a LONG Friday, I was exhausted having worked a LONG day, I forgot to log my fuel stop for 30 min? That would drop my 11.25hrs of drive time to 10.75.... and then with my 5 hours ofon-duty, I'd still make the 16 hour rule.... right??? Sorry, just a little confused here.

It would be legal on paper since you did not log the fuel stop and line 3 is under 11 and the total come to 15.75 BUT if your comapany is aduited by the DOT, then you would be cited for a violation. They would find out about the fuel stop.

[unkut2003]

UPDATE: So I checked the log and it is as follows:


OFF DUTY: 8.75
SLEEPER BERTH: 0
DRIVING: 10.50
ON DUTY: 4.75

TOTAL ON-DUTY: 15.25



So, does this put me under the 16 Hour Exception???

[Double R]

UPDATE: So I checked the log and it is as follows:


OFF DUTY: 8.75
SLEEPER BERTH: 0
DRIVING: 10.50
ON DUTY: 4.75

TOTAL ON-DUTY: 15.25



So, does this put me under the 16 Hour Exception???

Yes it does.
Line 3 is under 11
The total of line 3 and 4 are 16 or under.

[unkut2003]

UPDATE: So I checked the log and it is as follows:


OFF DUTY: 8.75
SLEEPER BERTH: 0
DRIVING: 10.50
ON DUTY: 4.75

TOTAL ON-DUTY: 15.25



So, does this put me under the 16 Hour Exception???

Yes it does.
Line 3 is under 11
The total of line 3 and 4 are 16 or under.

F'n NICE!!! So I'm gonna write down that my reasoning was the 16 HR Exemption and mail er' back... :wink: THANKS!!!

[unkut2003]

UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)

[ibamars]

Congrats!!!!

Nothing better than beating the system sometimes.

[unkut2003]

Congrats!!!!

Nothing better than beating the system sometimes.

Your absolutely right.... and thanks!

[Double R]

UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)

You would happen to be using JJ Keller scanable logs would you? The last company that I worked for used them and the computer would not reconize the 16hr rule and if you logged on duty past 14 hours, it would spit out a violation letter. And yes, you can be ON DUTY for more then 14 hours without a violation.

[unkut2003]

UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)

You would happen to be using JJ Keller scanable logs would you? The last company that I worked for used them and the computer would not reconize the 16hr rule and if you logged on duty past 14 hours, it would spit out a violation letter. And yes, you can be ON DUTY for more then 14 hours without a violation.

Yezzir..... JJKELLER..... EVERYTHING!!!!! 8)

[Double R]

UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)

You would happen to be using JJ Keller scanable logs would you? The last company that I worked for used them and the computer would not reconize the 16hr rule and if you logged on duty past 14 hours, it would spit out a violation letter. And yes, you can be ON DUTY for more then 14 hours without a violation.

Yezzir..... JJKELLER..... EVERYTHING!!!!! 8)

I HATE scanable logs!!!!!!!!!!

[unkut2003]

UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)

You would happen to be using JJ Keller scanable logs would you? The last company that I worked for used them and the computer would not reconize the 16hr rule and if you logged on duty past 14 hours, it would spit out a violation letter. And yes, you can be ON DUTY for more then 14 hours without a violation.

Yezzir..... JJKELLER..... EVERYTHING!!!!! 8)

I HATE scanable logs!!!!!!!!!!

Yeah, I've heard more bad then good. As a matter of fact I'm gettin low on me logs.... and I've got the "go ahead" from the boss to get my own... as we do a lot with expense funds we have. But anyways, I was thinkin about grabbin some basic logs.... or I noticed they have the log/DVR combo.....

[Double R]

Company provdes us with log books. At least this one doesn't use scannable logs.

[Mackman]

the short time i worked for Venezia they had jj keller scanable logs. Samething if you used the 16hr rule it would give you a bad boy letter i got one. But it came after i quit so i laughed. Now am back to good old dump trucks. Dump Truck = No logs :P

[utvolsr1]

I'd like to add something here. If I understand it correctly they ask him to do his best. Where did the company ask him to break the law or run the route till your finished? I have to admit I didn't read all the posts got tired. LOL So this might have been said. But why are some of you jumping on the company? To do ones best is to do it within the lotted time whether it is 11 hours driving or 14 hours work/driving. Even if you would have gotten it in writing you would not have a leg to stand on not because you did something illegal going over your hours, but you didn't do what they told you too and that was to do the best you can. They never did say break the law and get the load delivered or deliver it no matter what. They did a play on words to make you think one thing but made it where no matter what you could not get them.
Just my 2 cents worth and JMO

Good luck with it and hope you get it worked out.

[golfhobo]

............

And to inform the curious, I'm just a normal driver that has ran a sideloader and 53ft. van for over 5 1/2 years for Coke. I was ALWAYS local, thus never needed to log, or pass a scale! SO, please don't flame me or hang me for my lack of knowledge. I'm learning as fast as I can.... day by day! I will pick up a current copy of the HOS/DOT Regs and study them in hopes to prevent further situations like these! Thanks for all the help and info too.... its really been beneficial to me! Oh, and to all the "Super Truckers", that laugh and smirk at the others, accept my apology for my mother NOT giving birth to me in a truck, giving me a DOT book instead of Cat In The Hat, play with drop+hooks instead of riding a bike, ect.... You truly are the pros and nobody will ever in a single lifetime find the time/arrogance to dispute that!!!

so what are you doing now?

Sittin on the couch, watchin the 3 lil' rugrats while their mom gets some rest. We spent the weekend at the Kalahari Waterpark Resort in Sandusky, OH... First family event in roughly 4-5 years... :shock: So needless to say we didn't get much rest at all! Plus the wife had a severe stomach ache, nausia, and the rest of the don't care to mention stuff, haha! All that led to not much sleep! But to be a little more specific, I'm looking on the FMCSA site for info, but its a little rough. I'd like to just get the handbook mentioned before, that way EVERYTHING is available at my fingertips.... when I need it!!! Why?

i just wondered what kind of driving you were currently doing, your employer should give you a regs book, or you can get it at any truckstop

Oh, hahaha!!! Well welcome to my weekend anyways!!! I'm doing routes from an hour drive, up to 5ish hours 1 way. For instance, tomorrow I have a Toledo, OH to Dearborn, MI run which is roughly an hour 1 way, then a driver assisted unload which usually runs 2 hours or so, then another hourish back. Tuesday I have another Indy, IN run to Stephen Gould, live unload, and back..... this is usually a 11+ hour day.... driving the speedlimit of course... :wink:

This "exchange" right here should put an END to anyone thinking Unkut is a troll!!

A troll would NEVER have misunderstood the simple question, "so what are you doing now?"

I'm not sure where Unkut got his "handle," but it fits him perfectly! He is definitely an UNCUT gem! He's like Forrest Gump with a CDL!!

In MY book.... You're as REAL as they come, Unkut! And you have a great sense of humor about yourself and life! Keep 'em coming!! You keep me in stitches!!

And.... I meant ALL of that as a compliment!! :wink:

Hobo

[golfhobo]

I'd like to add something here. If I understand it correctly they ask him to do his best. Where did the company ask him to break the law or run the route till your finished?

This is a "fine line" here. MANY companies use this as a CODE for "see if you can log it ?legally? and Git 'er done!" On the other hand, some actually MEAN to "do your best" and if you don't get it done, they'll deal with the results. Either they KNEW beforehand that it couldn't be done legally, or they really WERE stupid enough to rely on what Mapquest said! Which do YOU think is the case? :shock:

I have to admit I didn't read all the posts got tired. LOL So this might have been said. But why are some of you jumping on the company? To do ones best is to do it within the lotted time whether it is 11 hours driving or 14 hours work/driving.

Not necessarily! MANY companies might suggest that you "do your best" to FIT it into the logging regulations! 8)

Even if you would have gotten it in writing you would not have a leg to stand on not because you did something illegal going over your hours, but you didn't do what they told you too and that was to do the best you can.

Actually, he wouldn't have a leg to stand on because he LOGGED it exactly as he did it, KNOWING it was a violation. He COULD have found a way to log it legally and get it done. Right or wrong..... this would have kept him from being in violation (which we see wasn't the case anyways!)

They never did say break the law and get the load delivered or deliver it no matter what.

And they WOULDN'T or COULDN'T!! But that has never stopped SOME companies from "expecting" it to be done!

They did a play on words to make you think one thing but made it where no matter what you could not get them.

Duh?? Welcome to TRUCKING! :wink:

Just my 2 cents worth and JMO

Not fighting with you, Volsr1! Just wondering if you are advocating strictly legal logging..... or just unaware of what the company MIGHT have meant.

Good luck with it and hope you get it worked out.

[mbadriver]

U made the decision to run over the HOS. Should have parked it. That would be doing your best.

So last Friday my employer decided to give me a 4 stop route which I TOLD them could NOT be completed within my 14hrs!!! SO.... they say, "well mapquest says its only a 11 hr. round trip"! I just stood there and laughed!!! I said yeah, in a car, without construction, without dock/load/unload times, and in a perfect world... Well they say, just do your best. So, I started at 6am and returned to the yard at 9:15pm... a 15.25hr day! Did I log it...... damn right I did! Why? Because.... I feel more comfortable running legal! Anyways, today I get a letter from the company stating I'm in violation of 2 rules, those being the 11 hour driving rule 395.3(a) and the 14 hour on duty rule 395.3b!!! They "demand" a full explanation from me in writing, along with my full signature/date/ect..... so that a "determination" for said violations can be made!!!

My question is simply this.... what should I do? I did work the 15.25hrs, to the T, exactly as it was logged! So, is there a "good" excuse that covers my butt I could use.... other then I TOLD YOU SO??? Any help would greatly be appreciated, thanks!!!