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-   -   FMCSA definition of a day (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/41932-fmcsa-definition-day.html)

fullstop 11-03-2011 03:13 PM

FMCSA definition of a day
 
Do the regs define a day? I'm trying to truly understand how the 60/70 hour rules work and what they really mean by "last 7" or "last 8" days.

That is, is 8 days 24 * 60 * 8 or is it simply the last 8 calendar days? I've gone over the regulations several times and I can't see where it is defined.

Orangetxguy 11-03-2011 03:30 PM

Quote:

Originally Posted by fullstop (Post 504677)
Do the regs define a day? I'm trying to truly understand how the 60/70 hour rules work and what they really mean by "last 7" or "last 8" days.

That is, is 8 days 24 * 60 * 8 or is it simply the last 8 calendar days? I've gone over the regulations several times and I can't see where it is defined.

You have two different "days" in the regulations. The "calender day" which runs midnight to midnight, and which denotes the time period for "Daily logs in possession" regulation. It is the "calender day" under which the 60 hour and 70 hour work rule applies. You can work 60 "total" hours in 7 "calender" days under the 60 / 7 rule (this rule is one few companies operate under today), OR you can work 70 "total" hours in 8 "calender" days (the most common schedule today) under the 70 / 8 rule.

The "second day" you have in the regulations is "consecutive hours". For example. On November 03 2011 you work a 14 hour shift, with that shift ending at 03:45 am on November 04, 2011. At the end of that shift you will be taking a 34 hour "reset" as the FMSCA regulations allow, to regain Hours of Service to work with. From 03:45 am on November 04 to 03:45 am on November 05 represents the first 24 hour segment of your "reset". At 13:45 (01:45 PM) on the afternoon of November 05 2011, you will have completed a 34 hour reset, yet......only ONE Calender day has passed since you started that "reset".

Youa unnerstana Me??

fullstop 11-03-2011 03:46 PM

Quote:

Originally Posted by Orangetxguy (Post 504679)
You have two different "days" in the regulations. The "calender day" which runs midnight to midnight, and which denotes the time period for "Daily logs in possession" regulation. It is the "calender day" under which the 60 hour and 70 hour work rule applies. You can work 60 "total" hours in 7 "calender" days under the 60 / 7 rule (this rule is one few companies operate under today), OR you can work 70 "total" hours in 8 "calender" days (the most common schedule today) under the 70 / 8 rule.

The "second day" you have in the regulations is "consecutive hours". For example. On November 03 2011 you work a 14 hour shift, with that shift ending at 03:45 am on November 04, 2011. At the end of that shift you will be taking a 34 hour "reset" as the FMSCA regulations allow, to regain Hours of Service to work with. From 03:45 am on November 04 to 03:45 am on November 05 represents the first 24 hour segment of your "reset". At 13:45 (01:45 PM) on the afternoon of November 05 2011, you will have completed a 34 hour reset, yet......only ONE Calender day has passed since you started that "reset".

Youa unnerstana Me??

Aha! I found it!

Seven consecutive days means the period of 7 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.

Let's say, for example, that a driver works for two different motor carriers. These carriers designate different start of day times for the 24 hour period. In this situation, the definition of a 24 hour day is ambiguous.

fullstop 11-03-2011 03:51 PM

Unfortunately, fmcsa.dot.gov is not responding at the moment.

Orangetxguy 11-03-2011 05:47 PM

Quote:

Originally Posted by fullstop (Post 504683)
Aha! I found it!

Seven consecutive days means the period of 7 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.

Let's say, for example, that a driver works for two different motor carriers. These carriers designate different start of day times for the 24 hour period. In this situation, the definition of a 24 hour day is ambiguous.

Hmmmmmm. Finding a driver who works for 2 different companies on the same day is hard to do. I can not think of one instance in the last 33 plus years where anybody I knew logged working for 2 different companies.........EVER. I'm not saying it didn't happen.....but they sure as heck didn't log it. Usually........only "local" drivers can work 2 separate driving jobs......and only one or two days a week at that. To many companies expect their drivers to put in 14 and 15 hour days.....every day.

As I stated earlier.....FEW companies today use the 60 / 7 logging rule. Back in the 60's and 70's...yes...it was predominant. Since the early 80's trucking companies have trended to the 70 / 8 rule and stuck with it. The trucking companies have also done away with "split" start times for the calender day (IE; Start time for most night shift logging days in the 70's and 80's was 5PM) in favor of the 24 hour CALENDER day. Trucking companies did this, because of the numbers of logging violations that were being handed out by "Green" DOT officers during roadside inspections, starting back about 1993-94. Once upon a time JJKeller sold log books which had "midnight to midnight graphing"....and "noon to noon graphing".

The fact that DOT has not changed the wording in the handbook is irrelevant, as most DOT enforcement officers look at 70/8, and midnight to midnight. When a DOT officer counts log sheets he or she counts....1,2,3,4,...etc etc......to 8. And they count backwards, from "TODAY".

fullstop 11-03-2011 07:27 PM

I was more thinking of a person who drives both passenger and property vehicles.

Regardless, midnight to midnight sounds easier. :) I wonder if this will change when EOBR is required?

Anyway, thanks again for clearing this up. Much appreciated.

Orangetxguy 11-03-2011 08:10 PM

Quote:

Originally Posted by fullstop (Post 504693)
I was more thinking of a person who drives both passenger and property vehicles.

Regardless, midnight to midnight sounds easier. :) I wonder if this will change when EOBR is required?

Anyway, thanks again for clearing this up. Much appreciated.

My experience with E-logs is only for the last 3 years.....but E-logs are the best way to go....in my opinion...it keeps everyone legal and above board.....which kicks butt on some dispatchers.


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