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cmegobye · Joined: 04 Sep 2006 Posts: 57 Location: Homosassa, FL

I've just had a problem with my company's policy on local driving hours. They say that because I'm on salary, I must count all 12.5 hr I work as loggable hours. I say, I can't log toward my 70 hrs any more than 11 hrs per day. Any help, comments, suggestions? The safety director can't be convinced and won't let me work more than 5 days (62 hrs) before I do a 34 restart. I'm trying to get caught up on bills and the other night driver quit so I'm covering as much as I can.

Jackrabbit379 · Joined: 22 Oct 2005 Posts: 4741 Location: Wichita Falls,Tx

If your company is forcing you to log more than 11 hours of driving,that can lead them to much big trouble. If I were you,I would contact your local DOT fellers,and tell them what's going on. That sounds lame,but maybe they can do something about it. :shock:

Uturn2001 · Posted: Tue Oct 03, 2006 5:10 pm Post subject:

What hours are being logged as what?

How many hours per day and per week ( on average) are you logging as driving.

How many hours are being logged as On Duty Not Driving.

Finally if your company is not 7 day a week operating company you can not use the 70 hour rule. You have to use the 60 hours in 7 day rule.

Then again, if you are on salary, I do not see what your problem is about only working 62 hours per week instead of 70.

yoopr · Joined: 01 Dec 2004 Posts: 12866

Don't really know what your Definition of Local is but if you're staying within the Radius all you have to do is keep track of your driving and working hours.

cmegobye · Joined: 04 Sep 2006 Posts: 57 Location: Homosassa, FL

I only drive maybe a whopping total of up to 48 miles (1.5 miles each way per transfer) We turn in a run sheet that lists the trailer that we transfer from plant to warehouse or the reverse and the time. The safety director (who has never even seen our operation) is very confused but seems to 'know it all'. I was running a driver's time record for 100 mile air-radius. He said I couldn't use that because I work 12.5 hrs. He said we must log if we do a 12.5 shift, but he doesn't want us doing logbooks. Says I am legal to work (drive) for my 12.5 hrs without a logbook because I'm on salary so I must log the hours I get paid because I'm legal to put in 14 hrs before I need a 10 hr break. I've explained that with a off-duty lunch, I would be legal to work a lot more days. Any suggestions besides a bullet in his head? I think I'd get in a lot of trouble for that and I wouldn't know how to put it on my run sheet.

Uturn2001 · Posted: Tue Oct 03, 2006 5:55 pm Post subject:

Per FMCSA regs.
Quote: (e) Short-haul operations.

(e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of ?395.8 if:

(e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;

(e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

(e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

(e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or

(e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

(e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(e)(1)(v)(A) The time the driver reports for duty each day;

(e)(1)(v)(B) The total number of hours the driver is on duty each day;

(e)(1)(v)(C) The time the driver is released from duty each day; and

(e)(1)(v)(D) The total time for the preceding 7 days in accordance with ?395.8(j)(2) for drivers used for the first time or intermittently.

395.8 is the regs dealing with the record of duty status (log books).

So since you are working 12.5 hours in a day then you can not use a time sheet and must use a log book.

Uturn2001 · Posted: Tue Oct 03, 2006 5:59 pm Post subject:

One final note however. If you are staying within your home state, it is possible that your state may have some slightly different regs concerning hours of service and intrastate commerce. You can contact the commercial vehicle enforcement office or the state police to find out what your states regs are in regards to intrastate operation and HOS and log books and time sheets.

yoopr · Joined: 01 Dec 2004 Posts: 12866

Uturn2001 wrote: One final note however. If you are staying within your home state, it is possible that your state may have some slightly different regs concerning hours of service and intrastate commerce. You can contact the commercial vehicle enforcement office or the state police to find out what your states regs are in regards to intrastate operation and HOS and log books and time sheets.

Yeah-It must be state by state cuz when I was a Log Hauler I never Logged(Scuze the Pun).
If you cross state lines You HAVE to carry the Book no matter what the Radius.

cmegobye · Joined: 04 Sep 2006 Posts: 57 Location: Homosassa, FL

I appreciate the feed back. Florida changed their intrastate HOS last January to coordinate with the FED regs. I can't even talk with this guy. He goes postal on me questioning him about HOS and regs. He told me to get a new Safety Manual. They just gave me this one in June. I've read the regs 395.1 and 395.8.12.h.1? Since I sit around wherever waiting for a phone call to pick up a trailer (like going to dinner, Walmart or Showgirls) the rule on off duty could be stretched to cover my situation, I think because I don't take the truck. I take my car. Thoughts??

Uturn2001 · Posted: Tue Oct 03, 2006 10:35 pm Post subject:

Quote: Since I sit around wherever waiting for a phone call to pick up a trailer (like going to dinner, Walmart or Showgirls) the rule on off duty could be stretched to cover my situation, I think because I don't take the truck. I take my car. Thoughts??

While it would save on the 60/70 weekly hour time table it would do nothing for your 12 hour (time sheet) 14 hour (log book) day if you have already started the work day. Once the clock start running on your day it does not reset until you get your rest break in.

cmegobye · Joined: 04 Sep 2006 Posts: 57 Location: Homosassa, FL

Uturn2001 - Even if I have a 'lunch release' letter, that doesn't stop my on-duty status? Company works 24/7 so the 70/8 applies. If I could just loose an 1 hr per day on my driving time (lines 3 & 4) by going to line 1 for a 1 hr lunch, I could work 6 days before my 34 hr restart. 6 x 11.5 = 69 hrs. Is that a possibility? Hours are 1845-715 am.

Uturn2001 · Posted: Wed Oct 04, 2006 5:23 pm Post subject:

Once you start your day, the 14 hour clock starts running.

You can log all you want on line 1 but unless it is 10 consecutive hours it will not stop that 14 hour clock (meaning you can not drive after the 14th hour upon comning on duty following a full break)

All that lunch letter does is relieve you of all responsibility for the load (assuming it is not hazmat) and equipment while you are on break so you can log on line 1 for you break. It does not stop the 14 hour clock. As I stated before, once you start your day, the only thing logging on line 1 does is to save time on the weekly total (70 in 8 rule).

If your company does not want you using a log book then they need to make sure you are back in the barn and free to go within 12 hours of starting your day.

If they do not want to do this and want you to lie or something like that you might want to have them do an internet search about some trucking company owners and dispatchers in PA and IA that are now doing time for things like this.

Myth_Buster · Posted: Wed Oct 04, 2006 7:42 pm Post subject:

Quote: (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of ?395.8 if:

(e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;

(e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

(e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or

(e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(e)(1)(v)(A) The time the driver reports for duty each day;

(e)(1)(v)(B) The total number of hours the driver is on duty each day;

(e)(1)(v)(C) The time the driver is released from duty each day; and

(e)(1)(v)(D) The total time for the preceding 7 days in accordance with ?395.8(j)(2) for drivers used for the first time or intermittently.

cmegobye

Quote: I was running a driver's time record for 100 mile air-radius. He said I couldn't use that because I work 12.5 hrs. He said we must log if we do a 12.5 shift, but he doesn't want us doing logbooks.

The safety director is 100% correct, since you work from 6:45 PM to 7:15 AM you have not been released within 12 consecutive hours so you cannot use the 100 air-mile exception time sheets. however, I don't under stand the second part: "but he doesn't want us doing log books."

You have no choice, if you're working a 12.5 hour shift, you must use a log book. The 34-hour reset has nothing to do with the log book.

uturn2001

Quote: One final note however. If you are staying within your home state, it is possible that your state may have some slightly different regs concerning hours of service and intrastate commerce.

Not necessarily, if the freight is destined for out side the state or originated outside the state it is still interstate commerce. Many UPS drivers never leave the state and still fall under federal regulations.

yoopr

Quote: Yeah-It must be state by state cuz when I was a Log Hauler I never Logged(Scuze the Pun).
If you cross state lines You HAVE to carry the Book no matter what the Radius.

Not so, the 100-air mile radius applies to interstate commerce. Drivers in the quad-cities (Iowa/Illinois) and the greater Chicago metro area, including Gary, IN, run 100 air-miles without a log very frequently.

Be safe.

Uturn2001 · Posted: Wed Oct 04, 2006 8:28 pm Post subject:

Quote: uturn2001

Quote:
One final note however. If you are staying within your home state, it is possible that your state may have some slightly different regs concerning hours of service and intrastate commerce.

Not necessarily, if the freight is destined for out side the state or originated outside the state it is still interstate commerce. Many UPS drivers never leave the state and still fall under federal regulations.

I mis-spoke here. I meant to say intrastate operation....not commerce.

While most states have adopted the federal regualtions which govern interstate operations, some state may not have.

cmegobye · Joined: 04 Sep 2006 Posts: 57 Location: Homosassa, FL

Thanks for all the suggestions. I know what I'm supposed to but the company doesn't want to deal with us logging so they use run sheets to get around it. The point has now become mute since as of this Monday we are going to a 5 day work week. 8 hours a day. 4 hours drive time from home and back each day. I don't think I'm staying too long. Anyone want a good truck driver with 12 years experience? I've been putting in apps. Be safe

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