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Local driving rules
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       Trucking Forums Message Board, Truck Drivers Forums - Forum Index -> Rules and Regulations and DAC, oh my.......
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yoopr



Joined: 01 Dec 2004
Posts: 12865

Posted: Fri Oct 06, 2006 10:17 pm    Post subject:  

Not so, the 100-air mile radius applies to interstate commerce.

Yes So-In Michigan once you cross into Northern Wisconsin you HAVE to Log it Even though their Northern Border is only around 20 miles south of me.
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GMAN



Joined: 13 Feb 2005
Posts: 9780
Location: Tennessee

Posted: Sun Oct 08, 2006 6:06 am    Post subject:  

What type of driving job are you seeking? Do you want to stay local or go otr?
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Highwayman



Joined: 27 Feb 2005
Posts: 1139
Location: At home

Posted: Sun Oct 08, 2006 11:32 am    Post subject:  

yoopr wrote: Not so, the 100-air mile radius applies to interstate commerce.

Yes So-In Michigan once you cross into Northern Wisconsin you HAVE to Log it Even though their Northern Border is only around 20 miles south of me.

I don't know about that - when I drove local LTL out of southern IL, my route was St. Louis MO - I didn't have to use a logbook unless I exceeded 12 hours.
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Myth_Buster



Joined: 20 Jul 2006
Posts: 102
Location: Dark Side of The Moon

Posted: Sun Oct 08, 2006 1:43 pm    Post subject:  

yoopr

Quote: Quote: Myth_Buster

Not so, the 100-air mile radius applies to interstate commerce.

Quote: yoopr

Yes So-In Michigan once you cross into Northern Wisconsin you HAVE to Log it Even though their Northern Border is only around 20 miles south of me.

At one time yoopr said:

Quote: PS-The Majority of us have the "Book" so you don't have to keep on Reciteing chapter and verse with your Copy and Paste jobs.

Yes, but some people don't read it, so here are the extracts to demonstrate that the 100 air-mile radius applies to interstate commerce (two or more states) and a log book is not mandated if a driver within the 100 air-mile radius and crosses state lines:

Quote: ? 395.1 Scope of rules in this part.

(a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (o) of this section.

Many people don't realize many terms have definitions in the FMCSR:

Quote: ? 390.5 Definitions.

Unless specifically defined elsewhere, in this subchapter:

Driver means any person who operates any commercial motor vehicle.

Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms employer, and exempt motor carrier.

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle?

(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

Interstate commerce means trade, traffic, or transportation in the United States?

(1) Between a place in a State and a place outside of such State (including a place outside of the United States);

(2) Between two places in a State through another State or a place outside of the United States; or

(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

As stated, log books are not mandated by the FMCSA when a driver is in interstate commerce within 100 air-miles of their home terminal and the driver meets all of the requirements of 395.1(e) even when the driver crosses state lines.

Please feel free to find an exception in ? 395.1 Scope of rules in this part; paragraphs (b) through (o) to indicate a driver must have a log book when he/she crosses state lines while within 100 air-miles and meeting all of the requirements of ? 395.1(e).

Quote: Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ?interstate commerce.?

States set the rules for "Intrastate Commerce."

Be safe.
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cmegobye



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

Posted: Sat Oct 14, 2006 3:11 am    Post subject: Otr or local  

Someone a few msgs back asked if I wanted to drive OTR or local. I think I want to go back OTR. I miss being 'out there'. Too much petty BS here in this local job. I need to be on my own with nobody putting their two cents in when they have no idea what they are talking about or doing.

This BS with the time element here was out of their comprehension. They couldn't decide from one minute to the next which way they wanted me to put my hours on paper. All I wanted to do was drive it and log it like I drive (legal). Often I would only drive max of 2 hrs per day but they counted it as 12.5 hrs because that's what they paid me for on salary. When they finally listened to me, they realized I should be doing a log book but they wanted me to log all the time I was here as line 3 & 4. Illegal!!! I am back to just doing a 'run sheet'. No logs or any kind of book. Okay with me as long as it's in writing to cover my butt.

Been putting apps in right and left. Any suggestions are welcome. Be safe.
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