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Old 07-09-2008, 01:29 PM
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Quote:
Originally Posted by golfhobo
Quote:
Originally Posted by Rat
Ok then, how does someone legally gain back hours from the first day?

Legally.... per the HOS regulations.

I know that the 14 hour daily clock does not stop unless you stop for 8 hours or more.

Not exactly true.

I know that I can have a total of 70 hours of working time while in the truck and that I need to take a break after said 70 hours.

Wrong.

Dot has told me that I need to take a minimum of 34 hours after putting in a 70 hour week.

Wrong. No they didn't. You misunderstood them.

But then can dot officers from so many states be wrong on this?

Well..... that is always possible.... but, I doubt it. You misunderstood them.

I know one driver very well, and he was put out of service. He worked his 70, stopped for a 10 and tried going back to work again, got stopped and checked and was put OOS for 34 hours.

Because he "burned" his 70 in LESS than 8 days, so 10 hours off wasn't enough to allow him to DRIVE again. Neither HE... nor YOU.... understand the regs.

The runs we do run right on the edge of 11 hours total driving time then add pti and fueling along with loading and unloading and it comes to over 12 hours a day if things go good. Many times I am pushing hard against the 14 hour clock.

So, you are burning your 70 hours (ALLOWED within 8 days) in about 6 days! If you do this, you WILL need a 34 hour reset, which is LESS time than it would take to gain back hours.

So if I am lucky I run out of hours in about 6 days but most of the time I am out in 5 days with only a couple hours to spare.

So YOU would need a 34 hour reset to get back on the road the soonest! It is not MANDATORY that you burn your hours so quickly.
Rat: I am not trying to be "flippant" here. But, it is obvious that you don't understand the HOS regs. No shame.... MANY new drivers don't! Before WE go through it all again, how about scrolling down through this and earlier pages on this subforum and click on EVERY thread about HOS?

Can several DOT officers be wrong? Yes.... they can. Can ALL of us truckers on this site be wrong? NO.... we can't! But.... there are MANY on here who don't/didn't understand the HOS.... and it has ALL been explained many times before. DO THE RESEARCH on our previous threads, and then IF you still don't understand.... one of us will go through it all over again for you. That's part of what we DO here! :wink:

Always here. Always willing to help.

Hobo
Ok, in your explanation, you would get back the hours from day 1 on the 9th day. Well if you onlu used 8 or so hours on day one then that is all you would get to use on day nine. Day ten you would only get back the hours you used on day 2 and so on and so forth.

So if day 9 came and you had a 9 or 10 hour day infront of you to complete your run then this would mean that you could not complete your run because you would only have those hours that you used on day one. Correct.


Now the thing that bothers me is that I made a call to the FMCSA yesterday to backup this 34 hour restart. According to them you must take a 34 hour no matter if you run out of hours on day 5 or day 8.

The reason they stated is so that a driver has atlest 2 nights and one day of rest before starting another tour of duty (8 day/70 hour week).

So any driver caught driving on day nine or driving after doing a 70 tour without a 34 restart would be in violation.

I don't know but maybe there is a huge mixup somewere pertaining to this topic.

I am not going to get into split berthing as that is a mess all of its own. Bassically, don't do it if you need a full 11 hour driving day along with 3 hours of onduty ahead of you.
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  #32  
Old 07-09-2008, 02:57 PM
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Quote:
Originally Posted by Rat

Ok, in your explanation, [Hobo] you would get back the hours from day 1 on the 9th day. Well if you onlu used 8 or so hours on day one then that is all you would get to use on day nine. Day ten you would only get back the hours you used on day 2 and so on and so forth.

Correct. Keep in mind also that, if on day 9 for some reason you only used 5 hours, on day 10 you would get back the hours from day 2 PLUS can roll over the unused hours from day 9.

So if day 9 came and you had a 9 or 10 hour day infront of you to complete your run then this would mean that you could not complete your run because you would only have those hours that you used on day one. Correct.

Correct.

Now the thing that bothers me is that I made a call to the FMCSA yesterday to backup this 34 hour restart. According to them you must take a 34 hour no matter if you run out of hours on day 5 or day 8.

Whoever you talked to is wrong! Did you get their name? If so, call back and ask for a supervisor and have this person retrained in HOS! :lol: [but wait until someone here gives you the regs to quote.]

The reason they stated is so that a driver has atlest 2 nights and one day of rest before starting another tour of duty (8 day/70 hour week).

This is mentioned NOWHERE in the regs or on their website. In fact, the 34 hour reset has been explained BY THEM as being so that you would get at least ONE full day of rest before restarting, but that is because you have been working some wicked hours... and because you are NOT using the 70 hour rule to keep runing. Besides....34 hours does NOT equal 2 nights! Do the math.

So any driver caught driving on day nine or driving after doing a 70 tour without a 34 restart would be in violation.

This is so untrue, ambivalent, and confused as to defy explanation or answer. Some aspect is true, mostly false.

I don't know but maybe there is a huge mixup somewere pertaining to this topic.

Only by you, Timba and whoever you talked to at FMCSA "IF" they stated it incorrectly. My bet is still on your having misunderstood what they said, but I wasn't there.

I am not going to get into split berthing as that is a mess all of its own. Basically, don't do it if you need a full 11 hour driving day along with 3 hours of onduty ahead of you.

Good idea to skip talking about THAT until you understand THIS. And yes, IF you need a full 11 hour driving day, and ONLY have 11 hours from start to finish to GET there, you are correct. However, one can split and STILL drive 11 hours in a day, arriving before the 14 runs out, and THEN spend 3 hours OR MORE delivering. But, forget I mentioned that for now! :lol:
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  #33  
Old 07-09-2008, 03:35 PM
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Quote:
Originally Posted by bigtimba
The language:

May not drive after 60/70 hours on duty in 7/8 consecutive days.

A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

The link:

http://www.fmcsa.dot.gov/rules-regul...ochure2005.htm

It's not "may or may not" in either case. You reset at 70, no ifs, ands or buts.

The poster who recommended you stop the clock at 69.75 to keep your 70 alive is correct. The only way you can recapture your day 1 hours on day 9 is to have left time (not be at 70) on day 8.

That's unless a friend who just told me it's 69 even is correct. Her theory is anything more than 69 is out of HOURS. I think she's nuts and I side with 69.75, or less.

"May not drive after . . 70 hours on duty in . . 8 consecutive days." Has but one meaning:

At the time you reach 70 within 8, you are done with lines 3 + 4 until you complete 34 consecutive hours on lines 1 and/or 2

"A driver may restart a . . 8 consecutive day period after taking 34 or more consecutive hours off duty." has a dual meaning:

1. It is your only remedy for reaching 70 hours in 8 (or fewer) days

2. You can reset at anytime prior to reaching 70 and restart your 8 consecutive days.
Oh my dear lord. :roll:

You do realize what the difference between "may" and "will" is, don't you? Under no circumstances, at any time EVER, is a 34 hour reset mandatory. Period. End of discussion. Case closed. Blah blah blah.

If you want to prove me wrong, post a reg that states that a driver must take a 34 hour reset. Otherwise shut up. Please.

If I reach 70 hours at 11:59 pm on day 8, I gain back all my hours from day 1 at 12:00 am on day 9 (one minute later). Period. End of discussion. Case closed.

This subject has been beaten to death both here and in other places already. The 34 hour reset is not mandatory.

Here's some documentation to support it from several sources:

Quote:
May a Driver “Restart” His/Her 7 or 8 Day Week?

Yes. Any off-duty period that totals 34 consecutive hours (1 day plus 10 hours) or more may restart a driver’s 7 or 8 day week. However, it is important to note that the rule does not require a 34 consecutive hour off-duty period each week. The restart provision is voluntary—it may be used, but it does not have to be taken each workweek.
http://www.witruck.org/Final_rule_HOS.htm

Quote:
The new hours-of-service (HOS) regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) are not as sweeping a change as many in trucking had feared They will put drivers on a cycle that is closer to a natural 24-hour cycle.

Here are the key new HOS provisions:

1. 10 consecutive off-duty hours instead of 8
2. 14 consecutive on-duty hours vs 15 non-consecutive hours
3. 24 total hours (on-duty, off-duty and rest) instead of 23
4. 11 total driving hours instead of 10
5. Voluntary on-duty 34-hour “restart” at any point in a driver’s 7- or 8-day cycle
6. All 14 existing exemptions remain and new short-haul exemption allows local drivers to operate up to 16 hours one day a week.
7. Team drivers can still split off-duty bunk time into two blocks but they must equal 10 hours not 8.
http://driversmag.com/rules_regs/fle...oursofservice/

Quote:
Currently, drivers must take at least 10 hours of rest between every work shift--an increase of two hours of rest from the old rules. And work shifts are now capped at 14 consecutive hours, reduced from the previous 15 hours, which was not consecutive and could be stopped and started throughout a lengthy shift.
Drivers are also permitted to “restart” their work week after taking at least 34 consecutive off-duty hours. This promotes a more regular work-rest cycle for drivers. Unfortunately, the U.S. Court of Appeals’ ruling will actually eliminate the ability to restart the driver’s clock after 34 consecutive hours of rest.
Without it, truck drivers are more likely to have irregular work schedules, which will cause more fatigue. Many of the truck drivers that we have heard from favored the voluntary 34-hour restart because it encourages drivers to take a break long enough to become fully rested, yet it also allows their driving schedule to coexist with natural sleep rhythms.
http://blogdg.ctl.ca/2007/09/us_cour...e_ruling_.html

I hope I don't need to post a definition of the word "voluntary".

Now stop the damn misinformation in this thread already. :roll:
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  #34  
Old 07-09-2008, 04:00 PM
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Ya know. I don't think any of this really matters since only a few of us (NOT ME) could argue a case in our own defense when confronted with a situation where a DOT official says you are out of hours!

It's too bad that the person in charge couldn't read this and every other thread associated with HOS.
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  #35  
Old 07-09-2008, 04:23 PM
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Sorry, Bigtimba..... those of us you sent to the corner, are now at the corner BAR drinking a beer on YOUR tab!! YOU are going back one grade in school for flunking English! :lol: :lol:

Quote:
The language:

May not drive after 60/70 hours on duty in 7/8 consecutive days.

A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

The link:

http://www.fmcsa.dot.gov/rules-regul...ochure2005.htm

It's not "may or may not" in either case.
First, let's start with basic English. May only has one meaning. That you CAN do something if you WANT to.... but are not REQUIRED to do it.

May NOT has only ONE meaning.... that you CANNOT do it legally.

Ever play the game of "mother may I?" You ask her if you MAY. If she answers NO... you MAY NOT... you can't MOVE. If she answers Yes, you MAY.... it means you are ALLOWED to move.... but not REQUIRED to move.

Now.... if you change that word to SHALL, you will be COMPELLED to move if she tells you that YOU SHALL... and cannot move if she says YOU SHALL NOT. The correlation here is that MAY and SHALL mean a nearly oppposite thing when used without NOT. However, they mean exactly the SAME thing when used WITH "not."

So.... if you have reached 70 hours in 8 days, you MAY NOT nor SHALL not move until you EITHER take a 34 hour restart... OR... gain back hours at midnight that night IF you have any to gain.

Conversely, if you burn your 70 hours in less than 8 days, you MAY take 34 hours off and start all over even if you've only been working for 5 days or so, but.... NO ONE is telling you that you SHALL take a 34 hour restart before driving again. You MAY also sit on your arse and WAIT for the 9nth day and get back ONLY the hours from day 1 that have now been DEDUCTED from the 70 that you've used. But, again... NO ONE is telling you that you SHALL have to take the 34 hour reset, nor that you SHALL wait until day 9..... UNTIL or UNLESS the current rules are finally struck down which would ELIMINATE the 34 hour reset option and then, if you burn 70 in 5 days..... YOU SHALL have to and WILL have to wait until day 9!

Although I agree that the FMCSA sometimes is confusing, in THIS case THEY are using the right terminology with the CORRECT definitons. YOU are the one that is misinterpreting the definiton of MAY.

In summation... You MAY take the 34 hour reset (as they say... at ANY time... you might even have used only 50 hours... to get a NEW 70 hour tour of duty.) OR you MAY wait until you have hours to get back from day 1 .... which won't be until day 9.

But, IF you have burned your 70 in less than 8 days, you MAY not drive again until you've done ONE or the OTHER in my last sentence.

Futhermore... there is NO advantage to stopping at 69.75 hours. You're just wasting 15 minutes. IF you are on day 8, you will get hours back at midnight (if you worked on the 8th day back,) if you are on day 6 or 7, you will not get ANY hours back at midnight, and would only have 15 mins to DRIVE the next day... although you COULD work on line 4.

I'm sorry if this is a bit confusing..... but all our attempts at a SIMPLE explanation seem to have gone over a few heads here! :lol:

Quote:
You reset at 70, no ifs, ands or buts.
Totally false and without foundation in the regs!

Quote:
The poster who recommended you stop the clock at 69.75 to keep your 70 alive is correct. The only way you can recapture your day 1 hours on day 9 is to have left time (not be at 70) on day 8.
NO, he's NOT. You are allowed to drive/work combined EVERY last friggin minute of your 70 within 8 days. After that.... you can even WORK the rest of that day if you want.. (making it say... 80 hours!) You just can't DRIVE! There is NO penalty or violation for this. At midnight, you will get back whatever hours you WORKED (combined) on day 1... and you can DRIVE only 11 for that day as long as you HAVE them. You might get back 16 hours that day if you drove 11 and worked another 5 on day 1. However, you can still only DRIVE 11 of them...... and here's the kicker..... only THAT many if your NEW total of 70 hours DRIVING in the last 8 doesn't exceed 70. It is entirely possible that you WORKED more hours and drove less on day 1, so that NOW, when you recap lines 3 and 4 separately for the last 8 days, you may have STILL driven closer to 70, and therefore you might NOT be able to drive the whole 11 on day 9.... IF it would mean that you STILL had DRIVEN more than 70 in the last 8 days! :shock:

Quote:
That's unless a friend who just told me it's 69 even is correct. Her theory is anything more than 69 is out of HOURS. I think she's nuts and I side with 69.75, or less.
Truth is.... you are BOTH "nuts!" :lol: :lol:

Quote:
May not drive after . . 70 hours on duty in . . 8 consecutive days." Has but one meaning:
Correct!

Quote:
At the time you reach 70 within 8, you are done with lines 3 + 4 until you complete 34 consecutive hours on lines 1 and/or 2
But.... THIS ain't it!! :roll: This is totally false on more than ONE basis! You are NOT "done" with line 4 at all.... and you do NOT have to take 34 hours off IF you have hours to gain at midnight!

Quote:
"A driver may restart a . . 8 consecutive day period after taking 34 or more consecutive hours off duty." has a dual meaning:

1. It is your only remedy for reaching 70 hours in 8 (or fewer) days

2. You can reset at anytime prior to reaching 70 and restart your 8 consecutive days.
No.... it doesn't! #1 is totally false! #2 is the ONLY true statement you have made.... and "MAY" does NOT mean "SHALL."

What that reg MEANS.... is that you don't HAVE to live off the hours you'll gain back each night. You MAY say "that's not gonna keep me rolling well enough.... I think, since I'm out of hours at 2 a.m. on my 8th day, and I'm ONLY gonna gain..say... 5 hours from day 1.. IF I SIT HERE ALL DAY... !!

I think I'll just shut down the REST of today (22 hours) and sleep thru tomorrow night (12 hours) and start with a FRESH "tour of duty" at NOON on day 9!! I'll then have a fresh 70, fresh 11, and fresh 14!! That will allow me to drive until 11 pm on day 9 and reach my shipper, whereas.... I couldn't GET there with only 5 hours!!!

Quote:
Rev, Ironeagle, TK, ct77, golfhobo, NotSteve . . go stand in the corner and face the wall . . the rest of you come join me at the bar.

Case closed.
Jury dismissed.
Next case.
Sorry.... NOT happening! The case is closed.... but YOU lost! :lol:

Quote:
On an unrelated matter; does anyone know the square root of 69?
I'm no mathematician but I think it's around 8 something .
You want to discuss advanced Trucker math.... and you haven't even masterd simple ENGLISH yet??? :shock: :roll: :lol: :lol:

Besides, square roots have nothing to do with how many hours a day one can work without busting his 70 hour clock. That has been established as being EXACTLY 8.75 hours. But, it is not related to the square root of 70 (or 69) and in fact could NOT be unless we were allowed 76.56 hours a week! But.... I guess you were just WONDERING! :lol: :lol:

However.... you are close. Don't feel like grabbing the calculator at the moment, but 8 is the square root of 64..... and 2 is the square root of 4. That might INDICATE something close to 8.2.... because 3 is the root of 9. And 64 + 9 = 73. HOWEVER.... it doesn't WORK that way as 8.3 squared is actually closer to 68.9 not 73. So.... the answer would be something like 8.3XX! :lol: :lol:

BTW...... thanks for the beer! :wink:
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  #36  
Old 07-09-2008, 04:42 PM
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The Rev would not make this mistake, I'm sure. But, the Rev quoted somebody who did.

Quote:
1. 10 consecutive off-duty hours instead of 8
This is the ONE case where I have found that the FMCSA used the wrong word. It does NOT have to be consecutive. The word is (and they LATER used) COMBINED. (as in split sleeper exemption.)

Quote:
3. 24 total hours (on-duty, off-duty and rest) instead of 23
I THINK I know where this misinformation comes from, but it is totally false and untenable. That also means.... it makes no sense! :roll:

Quote:
7. Team drivers can still split off-duty bunk time into two blocks but they must equal 10 hours not 8.
They may only have to equal 10 hours, but ONE of them has to be at least 8. Splitting S/B does not work as a rule for team driving anymore. Although, I HAVE split MY half of the day many times.... but, it would not match up with my codriver's schedule if we were just making miles! (and of course..... it wouldn't equal HALF a day!)

I have no other problems with the Rev's post at this current time! :lol:
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  #37  
Old 07-09-2008, 06:03 PM
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Quote:
Originally Posted by golfhobo
The Rev would not make this mistake, I'm sure. But, the Rev quoted somebody who did.
Since none of those things have anything to do with the subject at hand, what is your point in bringing them up? :roll:

Quote:
I have no other problems with the Rev's post at this current time! :lol:
Well, since I have your approval, I can go die now.
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Old 07-09-2008, 06:38 PM
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What has happened to the schools, log departments, and safety departments?

Whoever is teaching these people either don't know the rules or don't seem to be able to teach their class.

It's no wonder so many drivers are placed out-of-service.


kc0iv
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Old 07-09-2008, 09:46 PM
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Tha is easy the REGS on HOS have changed so many times in the last couple years and the current ones are ON THE WAY OUT do to a court challenge. The Saftey Depts have no clue which ones the FMCSA is using at that time.
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Old 07-09-2008, 10:02 PM
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Quote:
Originally Posted by ironeagle_2006
Tha is easy the REGS on HOS have changed so many times in the last couple years
Maybe in your fantasy world where your family is part of firing squads, advisers to Presidents, and ping pong balls are hauled unpackaged, but in the really real world, the regs haven't changed in three years.

Quote:
and the current ones are ON THE WAY OUT do to a court challenge.
ROFLMAO

Quote:
The Saftey Depts have no clue which ones the FMCSA is using at that time.
Yeah right. The only job these "saftey" (sic) departments have is to make sure their drivers are compliant. They know the regs, even if these drivers don't. :roll:
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