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Old 01-27-2014, 10:24 AM
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Default Teaming and HOS in a box truck w/ No Sleeper

I talked tonight to a father/son who have a equipment business and a old rental box truck they purchased. They sometimes have to travel thru the Western States to conferences where they setup their equipment. This is a commercial business, but they are not professional drivers. It would be correct to say they are a "NOT-FOR-HIRE" outfit. The box truck has no sleeper. They did find out that they must run a logbook. At first there was NO logbook, then they ran 1 logbook between the two of them. They now run separate logbooks.

They asked me what was the maximum number of hours they could run their truck before a required 10 hour DOT Break? I haven't run team in years and that was in a OTR truck and sleeper. When I did team in the 90's, we had the 10 hour driving rule, with 8 hour break, and split-breaking was allowed. With different partners, we did 12 on/12 off, 6 on/6 off, 5 on/5 off and could keep this going for several weeks before running into the 70 hour/8 day limits.

Furthermore, this father/son business is bidding for work that would requires running 2600 miles straight thru. How can they maximum their driving per day?

Last edited by danske; 01-27-2014 at 10:29 AM. Reason: Grammar and Spelling
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Old 01-28-2014, 09:23 PM
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I dont team but I'm pretty sure you can not show off duty time in the cab of a moving truck. You have to be in the sleeper. I dont think it will work at all for your friend. Someone else here should have more background or just look up the reg in question at FMCSR.com.
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Old 01-29-2014, 08:23 AM
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Quote:
Originally Posted by Snowman7 View Post
I dont team but I'm pretty sure you can not show off duty time in the cab of a moving truck. You have to be in the sleeper. I dont think it will work at all for your friend. Someone else here should have more background or just look up the reg in question at FMCSR.com.
That is what I was thinking. But, doesn't the new HOS regs allow the driver not behind the wheel to sit in the jump seat for 2 hours during a 10 hour DOT break as OFF-Duty/Not Driving? So, my 1st thought was 2 drivers in a day cab their 14 hour clock starts at the same time. But, if there is this 2 hours as OFF-Duty/Not Driving, could they NOT stretch the day to 16 hours by starting their logs 2 hours apart, and each driver put in 6-8 hours driving? If it can be done legally, then they could potential drive another 100 miles or more each day.

Looking for serious comments. I suppose I could look up the FMCSR.com, but this seems to be a gray area, loophole in the HOS Regs.

I didn't think about until just now, but this father/son are suppose to be logging the hours they are working at the conference(s). I am trying to give them good advise, but I am NOT a lawyer or OSP.

Time to dig into the FMCSR! Thanks, Snowman
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Old 02-01-2014, 02:59 PM
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My first question would be: Who told them they need to run a logbook? I ask this because I don't know of any reg that would say so (but, I don't know ALL the regs.) They are NOT a "motor carrier" of passengers OR freight/cargo being transported on behalf of another "customer" business. The FMCSR's only apply to freight/passenger-carrying commerce.

But... let's say they do. I don't think the new provision of two hours being logged off duty (of a 10 hour break) would apply since they have no sleeper. And Snowman is correct that you cannot log any OTHER part of your break in the passenger area of a moving vehicle... one without a sleeper. Without a sleeper, and the chance to complete the 10 hour break, the two hour off duty time would be ON the 14 hour clock.... unless, as you say, one starts his log two hours later - and I'm not sure that is legal either. As YOU said... they would be starting their clocks at the same time. BOTH will run out of the driving window at the 14 hour mark.

Also, IF this even falls under DOT guidance... all other "work" performed for the "carrier" (in this case... their own company) - or any other company like 7-11 - must be logged as work against the 70 hour rule, AND would require a 10 hour break before one of them drives.

I don't understand the fact that they are "bidding for work" that requires them driving 2600 miles... and the "not for hire" status that they would supposedly enjoy if this is their own business and their own equipment.

I will look further into the regs when I get a chance, but I only have one day off this weekend.
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Old 02-02-2014, 04:03 AM
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Without a sleeper they will need to find a motel room to get their break. They will need to log it if they travel more than 150 miles from their base or cross state lines. I was in a scale in New Jersey a few years ago when the driver of a 12' box truck was ticketed for not keeping a log book. He was running out of Baltimore. If they are running their own equipment and using the truck in a "not for hire" environment, they may be able to avoid the hos rules, but I believe that they will need to maintain logs, especially if they are working as a for hire company. If they don't have apportioned plates and are under 26,000 gwvr, then they might be able to get under the radar as long as they don't have their company name on the side of the truck, but I would not count on it. I would check the fmcsa rules to make sure. I am not very familiar with this type of operation.
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