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madii'swife
Joined: 02 Nov 2006
Posts: 577
Location: Stillwater, OK
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| Posted: Fri Feb 09, 2007 9:28 am Post subject: "Good faith", " Good conscience"???? spl |
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Alright, my husband has a safety director telling him that if he takes the 2 hour piece of a split sleeper berth, then in "good faith" trusting that he will take the 8 hour piece later?? I don't see this supported in the regs anywhere except the old regs. Anybody know anything about what he might be referring to?
In this case we're trying to figure out how to get him 50 more miles so he can swap out with a driver thats had a family emergency, so I'd love to be wrong, just can't see it. |
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ibamars
Joined: 13 Oct 2005
Posts: 308
Location: New York
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| Posted: Fri Feb 09, 2007 9:37 am Post subject: |
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Is his 11 hrs driving up or his 14hrs?
Basically the regs are..
Driver may split driving. in between 14 hour clock. The only way you can stop the clock is if you take an 8 hour sleeper break. After that then you can continue you remaining driving that's left on the 11 and 14.
Once that is done then you must take a 2 hr sleeper or off duty break. Then you get back the hours that you drove before the original 8hr sleeper and those hrs only.
EX I drove 5 hrs. I'm tired. I crash for 8 hrs. Now my clock stopped because i took 8 hrs off. Now I have remaining 6 hours of drive time. I drive 6 and now I must stop for 2. After the 2 hours then I can drive 5 more (because that's how many hours i drove before the first 8 hr break) and do it all over again.
Remember though once you start driving again after the 8 hours the 14 hr clock starts at where you stopped. It doesn't reset the entire 14.
Its very confusing. I have used it a few times. You really need to be aware of the hours. BTW the only way to reset the 14 hr clock is to take a complete 10 hr break.
Well I hope that helps. are you sure his safety director is not having him read between the lines of what he has said? That's what I am hearing from what you typed.
Good Luck |
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madii'swife
Joined: 02 Nov 2006
Posts: 577
Location: Stillwater, OK
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| Posted: Fri Feb 09, 2007 9:46 am Post subject: |
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It's his 14 that are up, not his 11. He has 2 more hours on his 11 but his 14 are up. I can't find anything in the regs that support that 14 being extended by a 2 hour ( which he already took in the middle of his 14/11, which would be the point of contention.
I'm not sure what his safety director is trying to do to be honest. Sounds to me like he's trying to find anyway he can to get my husband to do this, which I understand, BUT, can't see it in the regs. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4602
Location: East Central IL between the corn and the beans
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| Posted: Fri Feb 09, 2007 11:42 am Post subject: |
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| Nope, you can not extend the 14 hour clock. |
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Nomad_
Joined: 07 Mar 2006
Posts: 413
Location: Central Maine
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| Posted: Fri Feb 09, 2007 2:36 pm Post subject: |
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Uturn2001 wrote: Nope, you can not extend the 14 hour clock.
There are some exceptions when you are a local driver (operating from 100 air mile radius from home base). But that is not where this discussion is aimed/going. |
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ibamars
Joined: 13 Oct 2005
Posts: 308
Location: New York
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| Posted: Fri Feb 09, 2007 3:00 pm Post subject: |
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Quote:
There are some exceptions when you are a local driver (operating from 100 air mile radius from home base).
I do not think you even have to carry a logbook or follow the HOS rules if you are a local driver |
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Nomad_
Joined: 07 Mar 2006
Posts: 413
Location: Central Maine
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| Posted: Fri Feb 09, 2007 3:26 pm Post subject: |
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ibamars wrote: Quote:
There are some exceptions when you are a local driver (operating from 100 air mile radius from home base).
I do not think you even have to carry a logbook or follow the HOS rules if you are a local driver
I do, and I had to use the exception rule once (I am a part time local driver). I came close a few other times. I have had to alert Safety/dispatch a few times. Kind of a long boring story, and it would detract from the original thread. |
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BanditsCousin
Joined: 05 Jun 2004
Posts: 3192
Location: Chicago, IL
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| Posted: Fri Feb 09, 2007 8:01 pm Post subject: |
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| Make the driver come to your husband if you husband can't get to him legally. Thats about the only option you have at this point :? |
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madii'swife
Joined: 02 Nov 2006
Posts: 577
Location: Stillwater, OK
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| Posted: Fri Feb 09, 2007 8:52 pm Post subject: |
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BanditsCousin wrote: Make the driver come to your husband if you husband can't get to him legally. Thats about the only option you have at this point :?
Unfortunately it was an issue of both of them stuck at shippers. The driver who needed to get home was stuck at a slowpoke receiver and they were hoping my husband could go "babysit" the load as they put it. He didn't do it, didn't end up getting through with his receiver in time to do it even if he could have. Just wanted to check with people who have been out there longer than he has to make sure we weren't missing something! |
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Skywalker
Joined: 10 Oct 2005
Posts: 2628
Location: Pulling a Tanker for Superior Carriers!!
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| Posted: Sat Apr 07, 2007 5:44 am Post subject: Re: "Good faith", " Good conscience"???? |
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madii'swife wrote: Alright, my husband has a safety director telling him that if he takes the 2 hour piece of a split sleeper berth, then in "good faith" trusting that he will take the 8 hour piece later??
The so called "Safety Director" is a moron who has his cranium tightly lodged in his rectum......and he/she knows zilch-zip-nada about the HOS, and was trying to twist your husbands shorts to literally violate the HOS.
Quote: I don't see this supported in the regs anywhere except the old regs. Anybody know anything about what he might be referring to?
You won't find it. There is nothing in the HOS about "good faith". They FMCSR's are "cut and dried".....
Quote: In this case we're trying to figure out how to get him 50 more miles so he can swap out with a driver thats had a family emergency, so I'd love to be wrong, just can't see it.
If the other driver had a family emergency....it was incumbent upon "the company" to communicate with the people where he was, and have them sign for the load, have the driver drop the trailer and go. They could have then sent any other driver in later to retrieve the trailer.
When dealing with the 14 hour clock, there is only one thing that will stop it. That is an 8 consecutive hour sleeper berth break. Thats it, thats all.
Nothing else does it, period.
Had your husband done what the idiot of a "safety director" :lol: :lol: :lol: :lol: :lol: had mentioned....and he was stopped for a log book check, a ticket, or had an accident....and was over his 14, the $$$ fines would wipe out his paycheck for a week or two, probably over $1000.00 or so, just for a logbook violation. In the event of an accident, that fine would only be the tip of the iceberg. He would also be facing "criminal charges" as well. The moron safety director would lie and even put it in writing that he said no such thing....leaving your husband to swing in the breeze.
My best advice: Tell your husband to start looking around for a new job, as that company is truly a "bottomfeeder", and they will try it again. |
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