[VitoCorleone99]

Background: A few months ago, I was on the throne at a lovely Pilot truck stop when I came out to discover that my truck had been hit. I called my company's safety department and gave them the information (or lack thereof) concerning the situation. The lady instructed me to make sure that I had noted the accident on my log book. Okay, no worries there.

This evening, I was enjoying a relaxing round of golf on the Black course at Bethpage. I was just about to sink a par putt when my truck rocked sideways. Hit again. Son of a...

The other fella drove off but I made a quick call to the fuzz and then actually ran him down on foot a few minutes later. Good thing there's another truck stop across the street. (He thought he had hit the curb, apparently.) Now I have a police report with the date and time of the incident. Ipso facto, my employer will have a record of the date and time of the incident once I send in the paperwork.

If I'm in the midst of a restart and I am supposed to log accidents, what becomes of my uninterrupted 34 hours? Screwed or no?

[golfhobo]

The Rev will probably disagree, but I say NO. Filing a police report, calling your company to report an accident, or DEALING with some scmuck who hit your rig does NOT fit the definition of "repeatedly" answering communications from your company that the regs say WOULD inhibit rest... NOR does it amount to "operating a CMV."

Moreover.... that reg basically appliies to "repeated" interruptions (for WORK) on your 10 hour break. It says NOTHING about a 34 hour restart.

The PURPOSE of the 34 hour restart is to give you the opportunity to get TWO full 10 hour periods of sleep/rest... AND another (14 hour) "day off."

Did your escapade(s) INHIBIT that "spirit" of the reg? I doubt it.

There is NOTHING in the regs that says that a short period of time dealing with law enforcement AUTOMATICALLY puts you "on duty not driving." It is NOT A SAFETY SENSITIVE FUNCTION.

I suspect your company safety director is just covering their bases. You could "flag it" under the Rev's "magical 15 minute" provision that covers you everytime you pass through the passenger compartment of your cab! :lol2:

Now, if you had to drive the truck to a service company for repairs, it might be a different story. But, unless your company WANTS you to go back to operating under the 70 rule, any such repairs should NOT be performed until AFTER your 34 hr restart.... when you once again go back on duty.

[Myth_Buster]

Lost 34 hour reset:

§395.2 Definitions.

As used in this part, the following words and terms are construed to mean:

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

(8) Performing any other work in the capacity, employ, or service of, a motor carrier;

§395.3 Maximum driving time for property-carrying vehicles.

(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or

(c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

Be safe.

[Rev.Vassago]

Originally Posted by golfhobo

The Rev will probably disagree,

Do me a favor, and don't answer questions for me. Thanks.

[golfhobo]

Originally Posted by Rev.Vassago

Do me a favor, and don't answer questions for me. Thanks.

Saying that YOU might disagree with ME is NOT "answering a question for you." You have a RECORD of disagreeing with almost anything I say.

I answered the question for ME. YOU are always free to agree with me whenever you like.... and SAYING that you MIGHT disagree with me is NOT against the TOS.

Have a nice day.

[golfhobo]

Originally Posted by Myth_Buster

Lost 34 hour reset:

Quote:
§395.2 Definitions.

As used in this part, the following words and terms are construed to mean:

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

(8) Performing any other work in the capacity, employ, or service of, a motor carrier;

Be safe.

You (and another) are like a broken record!

So... the guidance that CLEARLY states that answering a qualcom is NOT considered "work" unless it is REPEATEDLY and interrupts your rest means nothing?

Is it, or is it NOT, considered "doing work in the employ of a carrier? The FMCSR's clearly state that a NON REPEATING interruption that does NOT inhibit your ability to get the required rest, does NOT invalidate even a 10 hour break.... let alone a 34 hour restart.

Get a clue! :eek2:

[Myth_Buster]

Originally Posted by golfhobo

You (and another) are like a broken record!

So... the guidance that CLEARLY states that answering a qualcom is NOT considered "work" unless it is REPEATEDLY and interrupts your rest means nothing?

No GH, the interp indicates momentary interuptions of a driver's break will not cause the reset to be interpruted; however, if the interuption is a pattern it will interupt the break. When the driver is hit, calls the police, files an inital report, waits for said driver that hit him to be returned, and obtains a copy of the report there is a pattern of interuptions that affect the break.

§395.2 Definitions.

Question 5: Do telephone calls to or from the motor carrier that momentarily interrupt a driver’s rest period constitute a change of the driver’s duty status?

Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FHWA does not consider these brief telephone calls to be a break in the driver’s off duty status.

*Question 30: If a driver is required repeatedly to respond to satellite or similar communications received during his or her sleeper berth period, does this activity affect a driver’s duty status?

Guidance: Yes. The driver cannot be required to do any work for the motor carrier during sleeper berth time. A driver who is required to access a communications system for the purpose of read-ing messages from the carrier, responding to certain messages (either verbally or by typing a message), or otherwise acknowledging them, is performing work. For the purpose of this guidance, “repeatedly” means a pattern or series of interruptions that prevent a driver from obtaining restorative sleep during the sleeper berth period.

*Question 31: If a driver is required repeatedly to respond to satellite or similar communications received during a 10-hour (8-hour for passenger transportation) off-duty period, does this activity affect a driver’s duty status?

Guidance: Yes. The driver cannot be required to do any work for the motor carrier during the 10-hour or the 8-hour off-duty period. A driver who is required to access a communications system for the purpose of reading messages from the carrier, responding to certain messages (either verbally or by typing a message), or otherwise acknowledging them, is performing work. For the purpose of this guidance, “repeatedly” means a pattern or series of interruptions that prevent a driver from obtaining restorative sleep during the off-duty period.

Originally Posted by golfhobo

Is it, or is it NOT, considered "doing work in the employ of a carrier? The FMCSR's clearly state that a NON REPEATING interruption that does NOT inhibit your ability to get the required rest, does NOT invalidate even a 10 hour break.... let alone a 34 hour restart.

Get a clue! :eek2:

Wrong again, obviously you missed the defintion of On-Duty Time provided the first time:

§395.2 Definitions.

As used in this part, the following words and terms are construed to mean:

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

(8) Performing any other work in the capacity, employ, or service of, a motor carrier;

Since accident reports are required by the FMCSR it is a service for the motor carrier:

§390.15 Assistance in investigations and special studies.

(a) A motor carrier must make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative or authorized third party representative, upon request or as part of any investigation within such time as the request or investigation may specify. A motor carrier shall give an authorized representative all reasonable assistance in the investigation of any accident including providing a full, true and correct response to any question of the inquiry.

(b) For accidents that occur after April 29, 2003, motor carriers must maintain an accident register for three years after the date of each accident. For accidents that occurred on or prior to April 29, 2003, motor carriers must maintain an accident register for a period of one year after the date of each accident. Information placed in the accident register must contain at least the following:

(b)(1) A list of accidents as defined at §390.5 of this chapter containing for each accident:

(b)(1)(i) Date of accident.

(b)(1)(ii) City or town, or most near, where the accident occurred and the State where the accident occurred.

(b)(1)(iii) Driver Name.

(b)(1)(iv) Number of injuries.

(b)(1)(v) Number of fatalities.

(b)(1)(vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.

(b)(2) Copies of all accident reports required by State or other governmental entities or insurers.

It is on-duty time whether you agree or not.

In regard to the 34 hour reset, it is desinged to give a driver a chance to unwind and relax free of all responsibility to lower stress levels. The 34 hour reset allows the driver a chance to relax and rest to relieve the fatigue associated with working.

SUMMARY: The FMCSA revises its hours-of-service (HOS) regulations to
require motor carriers of property to provide drivers with better
opportunities to obtain sleep, and thereby reduce the incidence of
crashes attributed in whole or in part to drivers operating commercial
motor vehicles (CMVs) while drowsy, tired, or fatigued. This action is
necessary because the FMCSA estimates that between 196 and 585
fatalities occur each year on the Nation's roads because of drowsy,
tired, or fatigued CMV drivers transporting property. The FMCSA
estimates that this final rule when adhered to fully will save between
24 and 75 lives each year as a result of giving truck drivers an
increased incremental amount of time to obtain rest and sleep.

DATES: The effective date is June 27, 2003, except for Sec. 395.0
which is effective from June 27, 2003, through June 30, 2004.

The FMCSA has adopted the third alternative for this final rule.
The rule represents a substantial improvement in addressing driver
fatigue over the current regulation. Among other things, it increases
required time off duty from 8 to 10 consecutive hours; prohibits
driving after the end of the 14th hour after the driver began work;
allows an increase in driving time from 10 to 11 hours; and allows
drivers to restart the 60- or 70-hour clock after taking 34 hours off
duty. Together, these provisions (and others discussed in detail below)
are expected to reduce the effect of cumulative fatigue and prevent
many of the accidents and fatalities to which fatigue is a contributing
factor. Because the agency's statutory priority is safety, we have
adopted a rule that is marginally more expensive than the ATA option
but which will reduce fatigue-related accidents and fatalities more
substantially than that option. The FMCSA believes that the rule
represents the best combination of safety improvements and cost
containment that can realistically be achieved.

http://frwebgate1.access.gpo.gov/cgi...ction=retrieve

I feel well versed in the spirit of the regulations.

Be safe.

[cdswans]

The regs are pretty clear on this. I may not have the actual paragraph and verse right, they're not here in front of me but they're easy enough to find.

I'm paraphrasing but here it goes . .

IM4692.1 . . "If, upon the completion of any 34 hour period or nearly a 34 hour period for the purposes of attempting a restart, any Driver subject to these rules who receives a preplan of 1500 or more miles, including minimal layover and said plan includes several opportunities for extra pay, the Driver shall be deemed to have completed the restart and is eligible to accept said plan and to make log entries convenient to said plan regardless of how many hours actually qualify as off duty for the purposes of a restart or irrespective of how the hours were actually spent."

IM4692.2 . . "In the event of any attempt to actually perform a legal 34 hour restart and the restart is interrupted in any way, shape, manner or form and any Driver subject to these rules receives a preplan of less than 350 miles, is asked to "help" with a hot local load or is asked to otherwise "help out" in any way and said help would cause a sleep deprived Driver to operate a CMV in a dangerous and/or personally unprofitable manner, said Driver is required to imply that any events that could logically or marginally be construed as interfering with a restart are being logged legally, to invoke the spirit of the restart rule, to refuse said offer(s), threaten contact with the company Safety Officer and maintain the requisite degree of readiness to achieve the objectives stated in part .1, above."

[golfhobo]

:lol2::lol2::lol2::lol2::lol2::lol2::lol2::lol2:

[mike3fan]

IMO yes it must be recorded as on duty. Does it suck? yep.