[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!!!

[worldisnotenough]

The only thing I can think of is did they tell you in person to do your best or did they send it over the computer system message thing to do your best. Not that this would help but anytime I have several stops in one day I send a message that I don't believe it is possible and then when my 14 stops, I STOP! No matter what. I called safety and they told me to not log stuff on duty which is crap but it was on a weekend. I asked them if they were going to pay my ticket for me. They said no. From then on everything was over the computer system and they had to deadhead someone to finish the pickup . The deadhead was only 30 miles away but they gave me all kinds of crap about it. I told them when I hit 14 hours, I hit 14 hours. period. they cannot legally do a thing about that. Good luck.

[unkut2003]

Originally Posted by worldisnotenough

The only thing I can think of is did they tell you in person to do your best or did they send it over the computer system message thing to do your best. Not that this would help but anytime I have several stops in one day I send a message that I don't believe it is possible and then when my 14 stops, I STOP! No matter what. I called safety and they told me to not log stuff on duty which is crap but it was on a weekend. I asked them if they were going to pay my ticket for me. They said no. From then on everything was over the computer system and they had to deadhead someone to finish the pickup . The deadhead was only 30 miles away but they gave me all kinds of crap about it. I told them when I hit 14 hours, I hit 14 hours. period. they cannot legally do a thing about that. Good luck.

This was all verbal. But I am wondering what "could" come from this???

[BigDiesel]

When and if you get red lighted at a scale ( you know what a scale is ??) or your company gets a DOT audit you will be cited.

[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!!!

Is your drive time 11 hours or under? If so, then you ARE NOT in violation. Since you return to the yard everyday, then you have used what is called the "short haul expemtion". Once ever seven days, you can log 16 hours, provided that you did not go over 11 hours driving.

It is in the regs, under "short haul exemption".

[kc0iv]

Originally Posted by unkut2003

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!!!

Could you be cited? YES. Will it happen? Probably not.

If you happen to go through the scales and they check your log book in the next 7 days (you are keeping only the last 7days days -- RIGHT) they might cite you for a violation. As BigDiesel says you might be cited if the D.O.T. auditor happen to pull your log book for an audit.

Now the big question -- What should you have done? Quit driving after your hours-of-service had expired. Even if the company, be it verbal on in some form of written instruction, told you to drive past your hours-of-service it is your responsibility to NOT break the law.

Best you can hope for is to not get caught.

kc0iv

[worldisnotenough]

unkut, what I meant was.

if you had it on the computer system, what transpired as opposed to over the phone or in person verbal, you would have a record that you could show your company. Now that record of the conversation would not get you out of a ticket IF you were cited, but it might help with the internal company investigation as to why you drove over your alloted time. Sometimes I even confuse myself when I write stuff.

[greg3564]

Well you just learned a hard lesson. Who is ultimately in charge of your log? YOU! The next time this or any other employer wants you to go beyond your HOS, tell them to put it in writing. But you should have stood your ground and told them to pay for a hotel(if you don't have a sleeper) or you wouldn't take the load.

[terrylamar]

Originally Posted by unkut2003

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!

Logging an illegal act does not make it legal, only accurate. You are still in violation.

[unkut2003]

So basically I F'd up..... but you think the company wants me to fill out this paper to cover their butts? Oh, and you are allowed to keep only the previous 7 days logs???