[cmegobye]

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]

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]

(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

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

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

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]

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]

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

[yoopr]

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.

[GMAN]

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

[Highwayman]

Originally Posted by yoopr

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.

[Myth_Buster]

yoopr

At one time yoopr said:

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:

? 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:

? 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).

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.

[cmegobye]

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.