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-   -   Is this a violation (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/35981-violation.html)

lamehonda 10-25-2008 09:41 AM

Is this a violation
 
I am a grocery thrower in Florida. I had a week that I logged 73.25 hours after my boss told me it was ok to exceed hours if another driver drove me back after my route was over. I did not drive after the 69 hour mark. I also had a 34 hour reset after this. I hadn't heard anything about it from them in 5 weeks and figured everything was ok until this morning when I returned to our yard. After reading the rules this sounds like a violation. The transportation manager for the company was just fired last week. He was the one that told my supervisor that I could work and had him tell me that I HAD to work.

Thanks,
David

Rev.Vassago 10-25-2008 10:39 AM


Originally Posted by lamehonda (Post 419970)
I am a grocery thrower in Florida. I had a week that I logged 73.25 hours after my boss told me it was ok to exceed hours if another driver drove me back after my route was over. I did not drive after the 69 hour mark. I also had a 34 hour reset after this. I hadn't heard anything about it from them in 5 weeks and figured everything was ok until this morning when I returned to our yard. After reading the rules this sounds like a violation. The transportation manager for the company was just fired last week. He was the one that told my supervisor that I could work and had him tell me that I HAD to work.

Thanks,
David

You can be On Duty (not driving) for as many hours as you like. You just cannot drive after the 70th hour (not the 69th). The 14 hour rule and the 70 hour rule apply to DRIVING. No driving after the 14th hour from coming on duty (unless you take a break of more than 8 hours), and no driving after the 70th hour. There is no FMCSA regulation regarding ON DUTY (not driving) time, because the FMCSA does not regulate that. They only regulate how much and when you can drive.

The 34 hour reset would have put you back to zero, even if you would have violated the 70 hour rule regarding driving.

golfhobo 10-25-2008 11:27 AM

Hobo's finger is itching! Should he DO it? Or not? :hellno:

Rev.Vassago 10-25-2008 11:53 AM


Originally Posted by golfhobo (Post 419990)
Hobo's finger is itching! Should he DO it? Or not? :hellno:

Go right ahead and hang yourself. See if I care. Back it up with regs. I know I can.

golfhobo 10-25-2008 12:03 PM

Calm down Rev. I was just thinking that you need to add the words "in the sleeper" to your parenthetical clause about the 8 hour break. Taking an 8 hour break in the truckstop won't let you drive past the 14 hour mark. But.... you knew that. ;)

Rev.Vassago 10-25-2008 12:09 PM


Originally Posted by golfhobo (Post 420000)
Calm down Rev. I was just thinking that you need to add the words "in the sleeper" to your parenthetical clause about the 8 hour break. Taking an 8 hour break in the truckstop won't let you drive past the 14 hour mark. But.... you knew that. ;)

Since I only mentioned the 8 hours in the first place because I knew if I didn't, you'd throw a hissy fit..........

lamehonda 10-26-2008 05:46 AM

I thought it was ten hours for a reset?

Rev.Vassago 10-26-2008 09:13 AM


Originally Posted by lamehonda (Post 420151)
I thought it was ten hours for a reset?

It is, but that ten hours can be split. One of the split periods must be at least 8 hours, and that split period will stop the 14 hour clock. The other period has to be at least 2 hours, but will not stop the clock unless it is over 8 hours. When using a period of more than 8 hours but less than 10 hours to stop the 14 hour clock, you add the time on each side of the split to calculate your 14 hour clock.

EXAMPLE: If you went on duty at 8 am, and took an 8 hour break at noon, you would have 10 hours available to you before you wouldn't be allowed to drive anymore. At that point, you would have to take another period of more than 2 hours, at which point you would have 4 hours available to you before you couldn't drive anymore. A break of 10 hours or more will break this cycle, and reset your 14 hour clock.

For most people, this is an irrelevant issue, as they don't split their sleeper berth breaks.

golfhobo 10-26-2008 10:53 AM


Originally Posted by Rev.Vassago (Post 420165)
It is, but that ten hours can be split. One of the split periods must be at least 8 hours, and that split period will stop the 14 hour clock. The other period has to be at least 2 hours, but will not stop the clock unless it is over 8 hours. When using a period of more than 8 hours but less than 10 hours to stop the 14 hour clock, you add the time on each side of the split to calculate your 14 hour clock.

EXAMPLE: If you went on duty at 8 am, and took an 8 hour break at noon, you would have 10 hours available to you before you wouldn't be allowed to drive anymore. At that point, you would have to take another period of more than 2 hours, at which point you would have 4 hours available to you before you couldn't drive anymore. A break of 10 hours or more will break this cycle, and reset your 14 hour clock.

For most people, this is an irrelevant issue, as they don't split their sleeper berth breaks.

Hobo's fingers are itching again, but will let the Rev figure it out. :hellno:

lamehonda 10-26-2008 12:40 PM

I gotcha. No sleeper on my sad little rig. International Transtar with the supercrap 10speed auto. Every time that trans picks a new gear a kitten dies. 4 or 14? :) You can only do that one day then and then you would have to take the 10 hour reset?


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