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Local driving rules

I've just had a problem with my company's policy on local driving hours. They say that because I'm on salary, I must count all 12.5 hr I work as loggable hours. I say, I can't log toward my 70 hrs any more than 11 hrs per day. Any help, comments, suggestions? The safety director can't be convinced and won't let me work more than 5 days (62 hrs) before I do a 34 restart. I'm trying to get caught up on bills and the other night driver quit so I'm covering as much as I can.

If your company is forcing you to log more than 11 hours of driving,that can lead them to much big trouble. If I were you,I would contact your local DOT fellers,and tell them what's going on. That sounds lame,but maybe they can do something about it. :shock:

What hours are being logged as what?

How many hours per day and per week ( on average) are you logging as driving.

How many hours are being logged as On Duty Not Driving.

Finally if your company is not 7 day a week operating company you can not use the 70 hour rule. You have to use the 60 hours in 7 day rule.

Then again, if you are on salary, I do not see what your problem is about only working 62 hours per week instead of 70.

Don't really know what your Definition of Local is but if you're staying within the Radius all you have to do is keep track of your driving and working hours.

I only drive maybe a whopping total of up to 48 miles (1.5 miles each way per transfer) We turn in a run sheet that lists the trailer that we transfer from plant to warehouse or the reverse and the time. The safety director (who has never even seen our operation) is very confused but seems to 'know it all'. 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. Says I am legal to work (drive) for my 12.5 hrs without a logbook because I'm on salary so I must log the hours I get paid because I'm legal to put in 14 hrs before I need a 10 hr break. I've explained that with a off-duty lunch, I would be legal to work a lot more days. Any suggestions besides a bullet in his head? I think I'd get in a lot of trouble for that and I wouldn't know how to put it on my run sheet.

Per FMCSA regs.

Quote:

(e) Short-haul operations.

(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)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 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)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

(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.

395.8 is the regs dealing with the record of duty status (log books).

So since you are working 12.5 hours in a day then you can not use a time sheet and must use a log book.

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. You can contact the commercial vehicle enforcement office or the state police to find out what your states regs are in regards to intrastate operation and HOS and log books and time sheets.

Quote:

Originally Posted by Uturn2001

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.

I appreciate the feed back. Florida changed their intrastate HOS last January to coordinate with the FED regs. I can't even talk with this guy. He goes postal on me questioning him about HOS and regs. He told me to get a new Safety Manual. They just gave me this one in June. I've read the regs 395.1 and 395.8.12.h.1? Since I sit around wherever waiting for a phone call to pick up a trailer (like going to dinner, Walmart or Showgirls) the rule on off duty could be stretched to cover my situation, I think because I don't take the truck. I take my car. Thoughts??

Quote:

Since I sit around wherever waiting for a phone call to pick up a trailer (like going to dinner, Walmart or Showgirls) the rule on off duty could be stretched to cover my situation, I think because I don't take the truck. I take my car. Thoughts??

While it would save on the 60/70 weekly hour time table it would do nothing for your 12 hour (time sheet) 14 hour (log book) day if you have already started the work day. Once the clock start running on your day it does not reset until you get your rest break in.