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Re: Violations... (HELP)

Quote:

Originally Posted by Double R

Quote:

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".

Does not the "short haul exemption" limit a driver to a 150 air-mile radius?

Silly me! here is the answer to that question, and unkut did not meet the specification in this situation.
HOS Frequently Asked Questions (FAQ)
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August 19, 2005

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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.

Quote:

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

ibamars said:

Quote:

If you read the original post he said:

Quote:

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!!!

So if he was questioned for being over the 11 hour rule he can not use the 16 hour exception to extend the 11 hour violation. There is no exception for a violation the 11 hour rule. He could however, claim the exception for the portion on the 14 hour questioned violation.

Notice the rule:

Quote:

(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]

kc0iv

Quote:

Originally Posted by countryhorseman

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Originally Posted by Double R

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Originally Posted by ibamars

I swear that I said the same thing. Thank you IBAMARS for the back up and posting the link.

From what I have been taught, and understand from reading the regs, his situation does not fall under the adverse conditions rule. Also, it does not fall under the short haul provisions either. The 16 hour provision cannot be used by OTR drivers, only the 2 hour extension for adverse conditions, such as weather.

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.

UNKUT 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.

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.

[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!

Quote:

Originally Posted by countryhorseman

We will see how this plays out, still sounds fishy!

Back on 8/27 unkut2003 said his first run was from Toledo, Oh to Indianapolis, In well outside the 150 mile circle. Where he claims to have received a ticket plus not having a log book.

So you knows who he is and what is going on. I think countryhorseman might be on to something.

kc0iv

Quote:

Originally Posted by kc0iv

Quote:

Originally Posted by countryhorseman

We will see how this plays out, still sounds fishy!

he also said something about getting a warning at the scales and then later claimed he didnt know what the scales were and if he needed to stop at them. I think he is just having fun, it's harmless anyway.

I think unkut2003 is a DOT Officer and testing us to see if we drivers know whats happening!!!! :lol:

Quote:

Originally Posted by ibamars

I think unkut2003 is a DOT Officer and testing us to see if we drivers know whats happening!!!! :lol:

naw, I think a DOT officer would hit us with more relevant and real life situations!

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.