Violations... (HELP)
#21
10-06-2007, 07:42 AM
Senior Board Member
Join Date: Jan 2005
Location: The Great State of Texas - Seguin
Posts: 741
Re: Violations... (HELP)
Originally Posted by Double R
Originally Posted by unkut2003
So last Friday my employer decided to give me a 4 stop route which I TOLD them could NOT be completed within my 14hrs!!! SO.... they say, "well mapquest says its only a 11 hr. round trip"! I just stood there and laughed!!! I said yeah, in a car, without construction, without dock/load/unload times, and in a perfect world... :roll: Well they say, just do your best. So, I started at 6am and returned to the yard at 9:15pm... a 15.25hr day! Did I log it...... damn right I did! Why? Because.... I feel more comfortable running legal! Anyways, today I get a letter from the company stating I'm in violation of 2 rules, those being the 11 hour driving rule 395.3(a) and the 14 hour on duty rule 395.3b!!! They "demand" a full explanation from me in writing, along with my full signature/date/ect..... so that a "determination" for said violations can be made!!!
My question is simply this.... what should I do? I did work the 15.25hrs, to the T, exactly as it was logged! So, is there a "good" excuse that covers my butt I could use.... other then I TOLD YOU SO??? Any help would greatly be appreciated, thanks!!! It is in the regs, under "short haul exemption". Silly me! here is the answer to that question, and unkut did not meet the specification in this situation. HOS Frequently Asked Questions (FAQ) Esta pagina en español Print e-Subscribe August 19, 2005 Conversion Chart Table of Contents C. SHORT-HAUL OPERATIONS General Questions C-1. What is a "short-haul" operation? The HOS regulations do not specifically define or use the term "short haul" except as a caption for § 395.1(e), which includes requirements for drivers using the 100 air-mile radius exception and those covered by the "non-CDL, as defined in Part 383, 150 air-mile radius" provision. C-2. What is an "air-mile"? The term "air-mile" is internationally defined as a "nautical mile" which is equivalent to 6,076 feet. Thus, the 100 air-miles are equivalent to 115.08 statute miles, and 150 air-miles are equivalent to 172.6 statute miles.
__________________
"I discover the principles that work and work them, I am forever learning new principles that interaccomodate with what I already know, to the betterment of my life and my world. As principles are revealed to me, I cheerfully record them, use them, and share them. Principles are, without question, the fastest way to what I want." Author Unknown OOIDA
#22
10-06-2007, 07:45 AM
Originally Posted by ibamars
You are not in violation. You are allowed one 16 hr work day within a 7 day period. if you use the 16 hr exception to get you back to the yard it is legal. Also you like Is stated before it can only be done one time in a seven day stretch. I used a 16 hr day once a week when I was with Sysco.
http://www.fmcsa.dot.gov/rules-regul...#_Toc111021253 Read this, It may make more sense. Good luck
You are not in violation. You are allowed one 16 hr work day within a 7 day period. if you use the 16 hr exception to get you back to the yard it is legal. Also you like Is stated before it can only be done one time in a seven day stretch. I used a 16 hr day once a week when I was with Sysco.
If you read the original post he said:
Anyways, today I get a letter from the company stating I'm in violation of 2 rules, those being the 11 hour driving rule 395.3(a) and the 14 hour on duty rule 395.3b!!!
Notice the rule:
(a)(1) More than 11 cumulative hours following 10 consecutive hours off duty;
or (a)(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).[/color]
#23
10-06-2007, 08:04 AM
Join Date: Sep 2005
Location: Pittsburgh, PA
Posts: 1,658
Originally Posted by countryhorseman
Originally Posted by Double R
Originally Posted by ibamars
You are not in violation. You are allowed one 16 hr work day within a 7 day period. if you use the 16 hr exception to get you back to the yard it is legal. Also you like Is stated before it can only be done one time in a seven day stretch. I used a 16 hr day once a week when I was with Sysco.
http://www.fmcsa.dot.gov/rules-regul...#_Toc111021253 Read this, It may make more sense. Good luck His employer, if this is a real situation, deliberately set him up on and impossible run. Go back through the archives, and you will find many post from unkut that just do not add up. I think his very first one, was a run he went on without a log book, was stopped at the scales, and then let go. A little fishy too me. Anyhow, if his employer is actually doing that stuff to him, he needs to find a new job.
#24
10-06-2007, 08:29 AM
I don't know all the facts and so I can't say that he was pushed by his employer or he made a mistake. I usually tend to lean on the drivers side more often than a companies. that being said I agree with an earlier post. The thing the driver needed to say was NO. I don't have the hours. And No I can't run, once my 14 is up. Saying NO is something every driver must be able to do. When to say it is sometimes hard to figure out though.
#25
10-06-2007, 10:04 AM
Senior Board Member
Join Date: Jan 2005
Location: The Great State of Texas - Seguin
Posts: 741
[quote="Double RUNKUT claims to be a local driver. As for his employer, I think that they need to hire someone that understands DOT regs and UNKUT needs to sit down and read them himself.[/quote]
I have run local also, and local for us was anywhere in the Central, South or East Texas and Southwestern Louisiana, up to a 600 mile round trip with a 70 mph truck. :lol: We will see how this plays out, still sounds fishy!
__________________
"I discover the principles that work and work them, I am forever learning new principles that interaccomodate with what I already know, to the betterment of my life and my world. As principles are revealed to me, I cheerfully record them, use them, and share them. Principles are, without question, the fastest way to what I want." Author Unknown OOIDA
#26
10-06-2007, 10:55 AM
Originally Posted by countryhorseman
We will see how this plays out, still sounds fishy!
So you knows who he is and what is going on. I think countryhorseman might be on to something. kc0iv
#27
10-06-2007, 01:11 PM
Originally Posted by kc0iv
Originally Posted by countryhorseman
We will see how this plays out, still sounds fishy!
So you knows who he is and what is going on. I think countryhorseman might be on to something. kc0iv
#29
10-07-2007, 01:54 AM
Senior Board Member
Join Date: Jan 2005
Location: The Great State of Texas - Seguin
Posts: 741
Originally Posted by ibamars
I think unkut2003 is a DOT Officer and testing us to see if we drivers know whats happening!!!! :lol:
__________________
"I discover the principles that work and work them, I am forever learning new principles that interaccomodate with what I already know, to the betterment of my life and my world. As principles are revealed to me, I cheerfully record them, use them, and share them. Principles are, without question, the fastest way to what I want." Author Unknown OOIDA
#30
10-07-2007, 07:53 AM
I think Unkut is highly entertaining I especially like the post about alley parking something somewhere. I still use that line with my husband when he ticks me off. :lol: Though is would be my mini van.
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