CDL hours of service question???

[Daitan]

I would like those who are law enforcement to please reply, this needs to be factual. It's for my hearing.

 

Is there a regulation governing hours of service for: driving for motor carrier A, (who is an OTR carrier) and then driving for motor carrier B, (who falls under the 100 air mile radius)

 

how much time off is required from when I stop driving for carrier A, and I begin to drive for carrier B?

[Acadieman]

Go to CDL Digest.com you may get the answer from manual for your State.

[Guest tx2sturgis]

I'm not in law enforcement, but are you really expecting accurate HOS guidance on a motorcycle forum?

 

This is a very complicated question:

 

Is motor carrier A: A property-carrying business? Or passenger carrying? Are they on the 60 hour rule or the 70 hour rule?

 

Is motor carrier B: carrying property? or passengers? 12 hour rule? or 14 hour rule? Are you maintaining a RODS or relying on company timeclock records? Are you a driver/salesperson or a driver only?

 

Did you max out the federal 14 or 70 hour rule with carrier A and then start driving the other vehicle the same day? or after a 10 hour break? or after a 34 hour restart?

 

See....its a very complicated question and maybe your source for answers should be a different forum.

 

I'm trying to help you, not run you off. But even the experts may have trouble with this until they know ALL the particulars.

 

 

http://www.cartaste.com/transport-safety/article-4-10773.html

 

http://www.ddlsoftware.com/FAQ/100%20Air-Mile%20Exception%20Drivers.htm

 

http://www.logtrucker.com/hoursofservice.htm

 

http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp#_Toc111021258

 

Generally speaking, if any part of your work week requires you to run a logbook and you fall under the federal HOS regs, then ALL of your work (driving or not!) falls under the regs. But this is only a rule of thumb and, again, I am not a judge, lawyer, or law enforcement officer.

 

If motor carrier B (100 mile radius) hires a driver who is also currently working for motor carrier A (interstate) and that driver must adhere to federal HOS rules, carrier B is normally expected to accept that the driver will be operating THAT carriers vehicle as if he was still driving the other vehicle, with respect to the logging requirements. (off duty time, hours worked, etc)

 

Going back on duty with carrier A, you will be expected to have a logbook (or other records of time) available that shows all the hours and driving time worked for carrier B within the last 7 days.

 

Again, this is all complicated and although I have been in the transportation industry for over 30 years, even I would have trouble figuring this out, based on what little info you have provided.

 

Good luck with this one.

 

Edited March 25, 2013 by tx2sturgis

[star4772]

I would like those who are law enforcement to please reply, this needs to be factual. It's for my hearing.

 

Is there a regulation governing hours of service for: driving for motor carrier A, (who is an OTR carrier) and then driving for motor carrier B, (who falls under the 100 air mile radius)

 

how much time off is required from when I stop driving for carrier A, and I begin to drive for carrier B?

 

You would only need 10 hours of duty if you were going to drive with Company A again. Company B does not require a log book if within a 100 mile radius unless you cross a state line with in that 100 mile radius. Then you would need 10 hour break to be able to drive for Company B. Because you then would have to run a log book for Company B.

 

This my understanding, hope this helps.

[Daitan]

Ok Txsturgis,

 

carrier A, OTR dry van. 70/8. Must use log book.

 

carrier B, local B class cement mixer. Falls under the 100 air mile radius. NO LOG BOOK.

[Rick Haywood]

I don't want to start anything but so far the info given is sort of correct and sort of false

[Guest tx2sturgis]

I don't want to start anything but so far the info given is sort of correct and sort of false

 

Are you sure?

 

[Jayceesfolly]

Ben:

 

I retired from an OTR carrier that also had local drivers and they always required the OTR guys to take 10 hours off before they could work local. The company required the local drivers to keep hand written notes on the arrival time and departure time at all their pickups and deliveries, so that they did not exceed their 11 hour driving or 14 hour on duty time. If they exceeded the 100 mile radius then they would have to make out a log book for that day and show all stops. The company used a standardized form that showed all the times and mileages for each stop as well as the name of the customer.

 

I worked for a company in Rochester, so if you have any questions, I can call someone and get some answers for you. Call me if I can help, my number is in my profile.

 

Hope this helps.

 

 

Jim

[jfoster]

I would like those who are law enforcement to please reply, this needs to be factual. It's for my hearing.

 

Is there a regulation governing hours of service for: driving for motor carrier A, (who is an OTR carrier) and then driving for motor carrier B, (who falls under the 100 air mile radius)

 

how much time off is required from when I stop driving for carrier A, and I begin to drive for carrier B?

 

Daitan call me, my # is in my profile. I do mcsap full time.

[Guest tx2sturgis]

I found this info on the FMCSA website. Not sure I understand it either!

 

 

Question 19: Regulatory guidance issued by the Office of Motor Carriers states that a driver’s record-of-duty-status (RODS) may be used as the 100 air-mile radius time record “provided the form contains the mandatory information.” Is this “mandatory information” that required of a normal RODS under section 395.8(d) or that of the 100 air-mile radius exemption under section 395.1(e)(5)?

Guidance: The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show: (1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.

Question 20: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

 

 

 

 

I also found this:

 

 

 

(d) State laws and regulations applicable to intrastate commerce must not include exemptions based upon the distance a motor carrier or driver operates from the work reporting location. This prohibition does not apply to those exemptions already contained in the FMCSRs nor to the extension of the mileage radius exemption contained in 49 CFR 395.1(e) from 100 to 150 miles.(e) Hours of service—State hours-of-service limitations applied to intrastate transportation may vary to the extent of allowing the following:(1) A 12-hour driving limit, provided driving a CMV after having been on duty more than 16 hours is prohibited.(2) Driving prohibitions for drivers who have been on duty 70 hours in 7 consecutive days or 80 hours in 8 consecutive days.

 

 

 

 

Source:

 

 

http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

[Guest tx2sturgis]

Daitan call me, my # is in my profile. I do mcsap full time.

 

Off-forum is probably the right place for this...thanks for stepping up.

 

[jfoster]

I would like those who are law enforcement to please reply, this needs to be factual. It's for my hearing.

 

Is there a regulation governing hours of service for: driving for motor carrier A, (who is an OTR carrier) and then driving for motor carrier B, (who falls under the 100 air mile radius)

 

how much time off is required from when I stop driving for carrier A, and I begin to drive for carrier B?

 

Daitan for reference: 49th CFR section 395.1 and 395.8 (hours of service)

 

When you ask how much time is required from when you stop driving for A and then begin for carrier B. It depends on how many hours your were on duty for A and how many hours your drove for B and how much time you had off in between. Remember you got the 34 hr restart and 10 hrs off duty or split sleeper of 2/8.

 

You have to treat them as if it were the same company. You would still have make sure you didn't violate the 11/14 hour and 70/8 or 60/7 hour rules.

 

For example: If you just came off an interstate trip and had logged 8 hrs of driving for A then got off and went straight to work for B and drove another 5 hrs then you would be in violation of exceeding 11 hr rule and maybe the 14 hr rule. Even though two seperate carriers, you'd still be required to log it because you may exceeded atleast two of the 100 air mile exemption requirements of exceeding 12 hrs on duty and 100 air miles.

 

Either call me or pm and i'll try my best to help you. james

[playboy]

One thing I have found out when it comes to driving a commercial vehicle and regulations is you can't get the same answer out of two people. I think each agency has there own interpretation of the law. Just sayin

[Sylvester]

One thing I have found out when it comes to driving a commercial vehicle and regulations is you can't get the same answer out of two people. I think each agency has there own interpretation of the law. Just sayin

 

 

Amen. Just listen to Road Dog XM/Sirius and see all the different answers from lawyers and administrators.

 

[Guest tx2sturgis]

Daitan, the very reason I mentioned answering this question off-forum is because there are likely to be lots of opinions...and being a legal matter, it should be solid legal counsel that is relied on, not our attempts at 'guessing'.

 

Or so it seems to me.

 

I wish you the best of luck.