New DOT HOS Interpretation

[over9five]

Just took a quick look at HoS:

I think 14 hours still means 14 hours, regardless of paid/unpaid breaks/lunches or on/off duty time. IMO you gotta be off the street & in the yard 14 hours after you start.

You gotta plain ol' be off the clock if you're going to have 10 hours off to work again tomorrow.

 

[cachsux]

Under the old HOS rules, the co. had to decide if they were going to use either the 60 hours in 7 days or 70 hours in 8 days limit. They couldn't change which limit they used to suit their convenience. Has this changed?

That changed the week after tgiving. Also tacked on was the "option" of taking a 20 min unpaid lunch along with a 10 min paid break to get in your DOT 30 by your 8th hour as your only lunch of the day. Normally we have to take the 50 min lunch between the 4-6th hour.

Then it changed to the above with the caveat that you can work as many hours as you want as long as its in the yard. One driver went 19 last Saturday, another had a total of 78 hours for his week, and on and on.

Everything will all change back after the first of the year of course.

 

[upscat]

thats a stretch of the intent behind the law. Watch the fire works when someone on their 19th hour runs someone over in the yard.

 

[cachsux]

thats a stretch of the intent behind the law. Watch the fire works when someone on their 19th hour runs someone over in the yard.

Yep.

Especially a 22.3 shifter who did 18.5. Rolling lottery ticket if you ask me.

I'm off to bed gentleman. I plan on getting them for 16 tomorrow or to file against all excessive hours if they change the rules again. Should be fun. I hate being the one to have to make a point.

 

[anonymous6]

Just took a quick look at HoS:

I think 14 hours still means 14 hours, regardless of paid/unpaid breaks/lunches or on/off duty time. IMO you gotta be off the street & in the yard 14 hours after you start.

unless you are using your exception but with this you can not use more than 11 hrs driving.

also you can go past 14 hrs twice in one week without using your exception if on one day you do not drive past the 14th hr. got that from FMSCA website on FAQ.

 

[Mike57]

See if you guys agree with this. This is how the company (and IVIS) now calculate your 60 hours:

1. We get two 10 minute paid breaks here. These are now considered off duty time. They do not count towards your 60. In other words, you can now work well over 60 hours per week.

2. Someone also told me that the DOT counts time in 15 minute increments, so this would add 1/2 hour to your available hours per day. (Still can't go over 14). I have not checked the IVIS available hours that closely yet, but I've noticed they were wrong for a couple of months.

If true, that means we can now work 62.5 hours a week and not be in violation.

Comments?

Yes, But they count towards your total time for the day!!!

 

[cachsux]

Today I start early at 1215 along with a driver who also normally starts with me at our regular time.
He worked this past Saturday, his 6th day, from 2am til 5pm. So for him to start at 1215am today he has had only 31:15 hours off and only one 1-5am day. He pointed this out to the feeder mgr who gave him the green light to drive.

This is clearly a violation of the 34 off/ two 1-5am consecutive to reset hours DOT rule.

 

[anonymous6]

Today I start early at 1215 along with a driver who also normally starts with me at our regular time.
He worked this past Saturday, his 6th day, from 2am til 5pm. So for him to start at 1215am today he has had only 31:15 hours off and only one 1-5am day. He pointed this out to the feeder mgr who gave him the green light to drive.

This is clearly a violation of the 34 off/ two 1-5am consecutive to reset hours DOT rule.

HOS violations are on the DRIVER too , so it was up to him to tell the manager he had to wait 3 more hrs. that just wouldn't fly here.

 

[cachsux]

HOS violations are on the DRIVER too , so it was up to him to tell the manager he had to wait 3 more hrs. that just wouldn't fly here.

He did. It was the very same mgr that made me start an hour later last Monday so that I did comply with said rule.


New week. New rule.

 

[upschuck]

We had a driver long ago get fined rather heavily for dot violation. I'm sure the company did too. He said that he had just was going to stay out later to make up for it. I don't think he ever got back to coming in earlier...satellite driver now.

 

[over9five]

HOS violations are on the DRIVER too , so it was up to him to tell the manager he had to wait 3 more hrs. that just wouldn't fly here.

Here too. This has nothing to do with management, it's the drivers responsibility to keep track of his hours. If you don't have hours and are going to be in violation, YOU DON'T WORK.

You don't ask some dimwit manager either, you INFORM him that you won't be working today.

Really Cach, WTF was this guy thinking, and why didn't you set him straight?

 

[cachsux]

Here too. This has nothing to do with management, it's the drivers responsibility to keep track of his hours. If you don't have hours and are going to be in violation, YOU DON'T WORK.

You don't ask some dimwit manager either, you INFORM him that you won't be working today.

Really Cach, WTF was this guy thinking, and why didn't you set him straight?

He did make it clear.

I shiz you not Ovah. If you're in the yard all rules are out the window. Drivers know it. Management knows it.
Two Saturdays ago the mgr in this discussion told a streeter nearing his 70 hours that he could go over that amount as long as it was in the yard. I can think of 3 drivers off the top of my head who have hit the mid 70s.

 

[over9five]

He did make it clear.

I shiz you not Ovah. If you're in the yard all rules are out the window. Drivers know it. Management knows it.
Two Saturdays ago the mgr in this discussion told a streeter nearing his 70 hours that he could go over that amount as long as it was in the yard. I can think of 3 drivers off the top of my head who have hit the mid 70s.

Oops man, I'm sorry. Misunderstood you, DOT hours do not apply to shifters here either.
To that end, I'd agree that on-road drivers can drive in the yard after their 60/70. The rule says you can't DRIVE after 60/70, but shifting on property does not (I'm told) count as driving. The problem with that is it will severely limit their hours for the next week. I wouldn't do it, but someone who doesn't drive on-road their whole shift probably could.

 

[upscat]

HOS violations are on the DRIVER too , so it was up to him to tell the manager he had to wait 3 more hrs. that just wouldn't fly here.

agreed both company and driver are at risk of fines when he violates

 

[oldngray]

And the company would deny the driver informed them that he was out of hours if DOT noticed, leaving the driver hanging.

 

[cachsux]

Oops man, I'm sorry. Misunderstood you, DOT hours do not apply to shifters here either.
To that end, I'd agree that on-road drivers can drive in the yard after their 60/70. The rule says you can't DRIVE after 60/70, but shifting on property does not (I'm told) count as driving. The problem with that is it will severely limit their hours for the next week. I wouldn't do it, but someone who doesn't drive on-road their whole shift probably could.

But.........DOT rules have always applied to shifters here. Up until Tgiving. Every year it's reviewed. Every year they try and have us sign the sheets. Every year some chucklehead mess up and violates and gets his hand slapped.

Except peak 2013 where now if you can keep your eyes open you can work.

 

[over9five]

But.........DOT rules have always applied to shifters here. Up until Tgiving. Every year it's reviewed. Every year they try and have us sign the sheets. Every year some chucklehead mess up and violates and gets his hand slapped.

Except peak 2013 where now if you can keep your eyes open you can work.

Never has here. I know I've mentioned before that shifters HERE don't even need a license, much less a CDL. They are classified as "inside workers".

I would like to see a FMCSA decision on that. Is driving on property driving?

We have crosswalks here, I really do worry about some sleepy shifter or driver running someone over.

 

[upscat]

And the company would deny the driver informed them that he was out of hours if DOT noticed, leaving the driver hanging.

breaking the law and safety are two good reasons to refuse the managers instructions.

 

[anonymous6]

He did make it clear.

I shiz you not Ovah. If you're in the yard all rules are out the window. Drivers know it. Management knows it.
Two Saturdays ago the mgr in this discussion told a streeter nearing his 70 hours that he could go over that amount as long as it was in the yard. I can think of 3 drivers off the top of my head who have hit the mid 70s.

if this is true, then you are right. the driver can go over hrs in the yard but then can not go back on road until 10 hrs off or 34 hr rest after 60/70 . I misunderstood your post too.

however, a guy who is at 70 plus hrs in the yard is a danger to all pedestrians and drivers in the yard.

 

[cachsux]

Especially the 22.3 shifters running big hours cause they don't have CDLs. We call them "lottery tickets".