New DOT Regulations

[kingOFchester]

The FMCSA has said, they wouldn't regulate package cars unless they cross state lines.

Also.... package cars drivers aren't required to have a DOT medical card.... UPS requires it, because they are self insured.



-Bug-

I can prove you wrong.

"If you drive short distances in a truck that does not require a commercial driver’s license (CDL),
you might be able to use the non-CDL short-haul exception................................You can only use this exception if you:
• Drive a truck that is a “commercial motor vehicle” but does not require a CDL, and
• Work within a 150 air-mile radius (see p. 3 for explanation of “air miles”) of your normal work
reporting location and return there each day."

SO far so good for your belief, but lets continue:

"Effective July 1, 2013, drivers operating under this exception may not drive if more than 8 consecutive
hours have passed since the last off-duty period of at least 30 minutes."

http://www.fmcsa.dot.gov/documents/hos/Interstate-Truck-Driver-Guide-to-HOS_508.pdf

Starting at the bottom of page 9 going into 10

 

[kingOFchester]

maybe you could show where the fmsca has said this. Every package car division i know of is obeying the rules.

not my building

 

[728ups]

not my building

It will the first time the DOT audits your divison

 

[BigUnionGuy]

The issue has come up in my local, because of a grievance filed by a new package car steward.

This was the information, he received from a FMCSA enforcement officer. (and the basis of the grievance)


The company's position on the grievance.... is that it's not a contract violation. And they are right.


The Central Region supplement states, that full-time employees are "entitled to and required" to take an unpaid

meal period between the 3rd and 6th hour.... So its kind of a moot issue.



-Bug-

 

[Benben]

not my building

Its a $1,000 fine for violating except for "egregious" violations where the fine becomes $11,000. Their example for egregious is driving for 11 hours before stopping. That is 1 example. Here is something to think about. Could "egregious" be interpreted as violating day after day after day for months? $11,000 a driver would easily pay the expense of sending an investigator into a building to check the logs of those 30+ drivers. The fines would make a nice healthy profit for a cash strapped government agency suffering from the budget cuts due to sequestration

 

[kingOFchester]

This was the information, he received from a FMCSA enforcement officer. (and the basis of the grievance)

When I did a total kitchen demo on one of my rental properties I had to get permits pulled. I submitted plans with L&I and got permits. Followed the plans. Had plumbing inspection and had rough work signed off on. Final inspection, done by a different inspector made me change fittings. So who is right? The man who gave me the permits? The first inspector? The final inspector? All interpretation of the regulations.

That said, it is pretty clear what the rules are as far as the 30 in 8.

 

[Benben]

The FMCSA has said, they wouldn't regulate package cars unless they cross state lines.

Also.... package cars drivers aren't required to have a DOT medical card.... UPS requires it, because they are self insured.



-Bug-

DANGEROUS MISINFORMATION!! I was pulled over 2 months ago by a State Highway Patrol officer. The second thing he asked me was to see my DOT CARD! Now why would he ask for that if we are only required to have a dot exam by UPS?!?!?

Please provide proof of what you are saying or stop posting, you are doing a grave dis-service to drivers.

 

[Brownslave688]

The issue has come up in my local, because of a grievance filed by a new package car steward.

This was the information, he received from a FMCSA enforcement officer. (and the basis of the grievance)


The company's position on the grievance.... is that it's not a contract violation. And they are right.


The Central Region supplement states, that full-time employees are "entitled to and required" to take an unpaid

meal period between the 3rd and 6th hour.... So its kind of a moot issue.



-Bug-

What did they steward file on?

 

[over9five]

The issue has come up in my local, because of a grievance filed by a new package car steward.

This was the information, he received from a FMCSA enforcement officer. (and the basis of the grievance)


The company's position on the grievance.... is that it's not a contract violation. And they are right.


The Central Region supplement states, that full-time employees are "entitled to and required" to take an unpaid

meal period between the 3rd and 6th hour.... So its kind of a moot issue.



-Bug-

I don't think the rest of us can take the word of *one* FMSCA officer. Might work good for him in his one small area of enforcement, but what about the hundreds of other officers?
I can show you by link exactly who the FMSCA says is covered by the new laws.

Go here under "Who Must Comply".

It makes no mention of CDL's, so that is immaterial.

It makes no mention of crossing state lines, so that is immaterial. We are involved in interstate commerce, regardless of whether or not we cross state lines.

The only way a package driver would be exempt is if he drives a vehicle registered at 10,000 lbs or less. I'm not sure what the smaller cars are registered at, but at the least, anyone with a TP-60 would be over.



I'm not dissing you Bug, but if you say package car drivers are exempt, you gotta link that to something official.

 

[BigUnionGuy]

I don't think the rest of us can take the word of *one* FMSCA officer. Might work good for him in his one small area of enforcement, but what about the hundreds of other officers?
I can show you by link exactly who the FMSCA says is covered by the new laws.

Go here under "Who Must Comply".

It makes no mention of CDL's, so that is immaterial.

It makes no mention of crossing state lines, so that is immaterial. We are involved in interstate commerce, regardless of whether or not we cross state lines.

The only way a package driver would be exempt is if he drives a vehicle registered at 10,000 lbs or less. I'm not sure what the smaller cars are registered at, but at the least, anyone with a TP-60 would be over.



I'm not dissing you Bug, but if you say package car drivers are exempt, you gotta link that to something official.

Package cars in "my" state.... are registered the same as personal vehicles.

If they were registered as "trucks" (and there is a distinction) it would apply.


But then again.... where is the requirement for a DOT medical card....



​-Bug-

 

[over9five]

Package cars in "my" state.... are registered the same as personal vehicles.

If they were registered as "trucks" (and there is a distinction) it would apply.


But then again.... where is the requirement for a DOT medical card....



​-Bug-

"Trucks" or "Cars" are immaterial too. The FMSCA only says "Commercial Vehicles".

I have no idea about the medical cards not being required for package drivers, never heard that.

 

[Dracula]

The issue has come up in my local, because of a grievance filed by a new package car steward.

This was the information, he received from a FMCSA enforcement officer. (and the basis of the grievance)


The company's position on the grievance.... is that it's not a contract violation. And they are right.


The Central Region supplement states, that full-time employees are "entitled to and required" to take an unpaid

meal period between the 3rd and 6th hour.... So its kind of a moot issue.



-Bug-

So you are saying the Central Region supplemental trumps all DOT and FMSCA rules and regulations? Sounds like some company and union officials are in over their heads. I'll tell you what, next time I go through the weigh scales and a state DOT official starts asking me for this or that, I'll pull out my contract book and tell them that my rules come from this. And when--or IF--I get my license back, I'll give the DOT ruling.

 

[BigUnionGuy]

So you are saying the Central Region supplemental trumps all DOT and FMSCA rules and regulations?

You might want to re-read.... what I posted.

It might make more sense the second time.



​-Bug-

 

[uber]

Whatever you do, don't sort your car during lunch. Bigger fines for that.

 

[toonertoo]

The only part that I don't like is taking it all together. I always in extreme heat or cold (we get 30 min lunch and 2 10 breaks) would break it into 5 10s, and I always took 30 of it before 8 hrs. Now I have been trying to take 2 10s during the day and 30 just before 8. its not a big deal most of the time taking it all together, but I felt better when I could go to a restroom and wash up, every couple hours. Now I just do it whenever I need to anyway. Because I have to be safe. My eyes were actually almost swollen shut on Friday, from the constant sweat running in my eyes.
Its over for now,(the heat wave) and its a law, so I will survive it with everyone else.

 

[Brownslave688]

Still haven't gotten an answer to what a grievance was filed over that would of had anything to do with this law.

 

[sortaisle]

I wonder if the two consecutive 1-5 a.m.'s are going to affect feeder drivers.

 

[cachsux]

I wonder if the two consecutive 1-5 a.m.'s are going to affect feeder drivers.

Absolutely.

Not so much the drivers with a regular bid but from day one swing drivers have been told to be aware in drastic start time changes. Also there will be compensations made when the company sets up the fall bid. There will be some Sun-Thurs and Tues-Sat bids to handle the needs.

 

[Johney]

We were told by management at numerous A.M. meeting's and multitude of ODS message's as well as signing off paperwork that we MUST take 30 consecutive minutes with in 8 hrs of work. This all started before July 1st. This is in package by the way.

 

[kingOFchester]

We were told by management at numerous A.M. meeting's and multitude of ODS message's as well as signing off paperwork that we MUST take 30 consecutive minutes with in 8 hrs of work. This all started before July 1st. This is in package by the way.

So my question is, being that my building is bonus, is the draw to making numbers so strong that the management is willing to turn a blind eye to this. We have heard nothing? A lot of the runners and gunners skip lunch and are off the clock under 8, but this does not include the hour to 1.5 hour sorting and fingering their loads in the AM for free.

It amazes me and see a train wreck coming.