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Old 01-09-2007, 05:07 PM
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Default 34 Hour Restart & DOT Regs

The reason why I bring this topic up is because of the fact that there is a lot of chatter on the radio about issues such as the 34 hour reset rule.

Some say, and it is what I was taught:
If you take 34 hours off on either line 3 or 4 it is subject to a legal reset regardless of where you are located.

Others say, and it is what I disagree with:
You have to take your 34 hour reset at your home terminal.

Now, as I have looked through the Regs book on HOS. I have read through a number of different issues and it appears, to me, that they are vague at best.

Am I the only one who feels this way, and is there any publications that have the current regs that put it in a light that does not portray the law as having a gray area?
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Old 01-09-2007, 05:33 PM
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Well first off, taking 34 hours on lines 3 and 4 will get you into a bunch of trouble fast. :P :P

Line 3 is driving and line 4 is On duty not driving. I think you meant lines 1 an 2. (at least on a standard US log book)

Quote:
(e)(2)(viii) Any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
Not too sure what is vague about that. Says nothing about being at home or at your home terminal or anything.

And then there is this from the FAQ's

Quote:
G-1. May a driver spend part of his or her 34-hours of consecutive off-duty time in a sleeper berth?

Yes, provided the 34-hour period is consecutive and not broken by on-duty or driving activities.
Seems pretty straight forward to me.

The reason you hear so much disinformation on the Cb is two-fold. The first is people who never research anything for themselves and 2. Thos who do know better but delight in being idiots and leading everyone who will listen to them astray.

Anyway, while I do agree that there are some FMCSA regs that can be a little confusing in and of themselves, if you take the time to look up the FAQ's and also the guidences provided for many of those regs things do become a lot more clear.
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Old 01-09-2007, 05:39 PM
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Well, first off you can't take 34 hours off on lines three or four, I'm assuming you're talking about lines 1 and 2 :wink:

I have a book around here somewhere that I think shows it a little clearer, but I'm in the middle of packing, so god only knows which box it's in....

But. I've taken many a 34-hour restart, and almost never has it been at a terminal, and I don't think I've ever taken it at my "home" terminal. I've had my logs looked at by DOT with no problems, and never carried a logbook violation for any company I've worked for.


EDIT - Dangit man, I was sitting here clicking post when you said what I did :wink:
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Old 01-09-2007, 07:36 PM
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Sorry Had a blonde moment there It's been a while since I looked at a log book :?

Yeah, all my point was to bring attention to some of the laws that are not as specific as they should be. I used the 34 hour rule because of the amount of time I hear chatter on the CB about it that's all

Quote:
Originally Posted by Uturn2001
Well first off, taking 34 hours on lines 3 and 4 will get you into a bunch of trouble fast. :P :P

Line 3 is driving and line 4 is On duty not driving. I think you meant lines 1 an 2. (at least on a standard US log book)

Quote:
(e)(2)(viii) Any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
Not too sure what is vague about that. Says nothing about being at home or at your home terminal or anything.

And then there is this from the FAQ's

Quote:
G-1. May a driver spend part of his or her 34-hours of consecutive off-duty time in a sleeper berth?

Yes, provided the 34-hour period is consecutive and not broken by on-duty or driving activities.
Seems pretty straight forward to me.

The reason you hear so much disinformation on the Cb is two-fold. The first is people who never research anything for themselves and 2. Thos who do know better but delight in being idiots and leading everyone who will listen to them astray.

Anyway, while I do agree that there are some FMCSA regs that can be a little confusing in and of themselves, if you take the time to look up the FAQ's and also the guidences provided for many of those regs things do become a lot more clear.
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Old 01-09-2007, 11:44 PM
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Quote:
Originally Posted by danj_otr
Yeah, all my point was to bring attention to some of the laws that are not as specific as they should be. I used the 34 hour rule because of the amount of time I hear chatter on the CB about it that's all
Actually, if one reads the regulations without putting any personal inflection, interpretation, or opinions into the reading they are quite straight forward.

Simply stated: 34 consecutive hours off duty, without or without sleeper berth periods....gets you a reset of your 70 hours. Doesn't matter where it occurs, you can even be hanging by your heels over a well.... :shock:

There is an old saying that goes like this, and any military veteran will recognize it: Don't believe anything you hear, and only half of what you see with your own eyes.

Turn the CB lawyers off.....99% haven't a clue, literally.

What you need to do is get one of the FMCSR books that includes the "interpretations" and "guidance" sections that you do not have in the small pocketbook you have now. The book with the guidance and interpretations is what the DOT uses.... 8)
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Old 01-10-2007, 12:12 AM
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Yeah, I keep the FMCSA Bible in the pocket in the drivers door for those occasional readings when I wasn't doing anything.

You make a good point though. You have to read it for what it is. Sometimes, though, you have to wonder and that is what will get you in trouble at times!
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Old 01-10-2007, 12:28 AM
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Quote:
Originally Posted by Skywalker
What you need to do is get one of the FMCSR books that includes the "interpretations" and "guidance" sections that you do not have in the small pocketbook you have now. The book with the guidance and interpretations is what the DOT uses.... 8)
I received this one in Arrow's orientation. While I like having the pocketbook sized one for ease of carry, the one with the interpretations are worth their weight in gold.



Purchase it here
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Old 01-10-2007, 02:09 AM
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Perfect! I will get one along with the standard reading material
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Old 01-10-2007, 02:55 AM
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Quote:
Originally Posted by tndieselgrl
Quote:
Originally Posted by Skywalker
What you need to do is get one of the FMCSR books that includes the "interpretations" and "guidance" sections that you do not have in the small pocketbook you have now. The book with the guidance and interpretations is what the DOT uses.... 8)
I received this one in Arrow's orientation. While I like having the pocketbook sized one for ease of carry, the one with the interpretations are worth their weight in gold.



Purchase it here
Hey, Thanks for posting the picture and the link!! I tried to remember the link and couldn't. It was on my old laptop that crashed :sad: I'm going through some tanker training up here in Kingsport, TN and Superior gave us all the new copy that you show in the picture here.

These things are worth their weight in gold no doubt!! Any driver who doesn't have one leaves themselves open to being misguided or taken advantage of.

And the beauty of this book is that it is not written in "legalese", but written in standard english.
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Forrest Gump was right....and some people literally strive to prove it.....everyday. Strive not to be one of "them".... And "lemmings" are a dime a dozen!

Remember: The "truth WILL set you free"! If it doesn't "set you free"....."it will trap you in the cesspool of your own design".

They lost my original "avatar"....oh well.

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  #10  
Old 01-10-2007, 03:30 AM
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No problem! If more drivers actually understood the laws, more of us would stop making silly errors that could be easily avoided. :wink:
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