36-hour rule...

3 done 3 to go

In control of own destiny
I really don't pay attention to the hours worked. The last time I got close. They said I had 4 hrs to punch out. So I punched out in 4 hrs. They will let you know
 

DriveInDriveOut

Inordinately Right
I really don't pay attention to the hours worked. The last time I got close. They said I had 4 hrs to punch out. So I punched out in 4 hrs. They will let you know
They've made it abundantly clear here that the responsibility is all on us.
With all the TCD's from peak season not getting steady work now, they're randomly doing early am, their hub sort, pm air pickups, Saturday air, and the occasional cover driving days. Right or wrong, they can't keep track of the hours between all the different supervisors, they put it on the driver to know his own DOT compliance.
 

3 done 3 to go

In control of own destiny
They've made it abundantly clear here that the responsibility is all on us.
With all the TCD's from peak season not getting steady work now, they're randomly doing early am, their hub sort, pm air pickups, Saturday air, and the occasional cover driving days. Right or wrong, they can't keep track of the hours between all the different supervisors, they put it on the driver to know his own DOT compliance.



So UPS wants me to cover their ass from being fined.!! Haha NOT
 

DriveInDriveOut

Inordinately Right
So UPS wants me to cover their ass from being fined.!! Haha NOT
I hear ya, but I'm just watching my own behind. I know if I go over hours and there's an audit or something they're gonna say it's my fault. Just to clarify, they're calling these people and asking them if they want to work, not telling them they have to.
 

3 done 3 to go

In control of own destiny
I hear ya, but I'm just watching my own behind. I know if I go over hours and there's an audit or something they're gonna say it's my fault. Just to clarify, they're calling these people and asking them if they want to work, not telling them they have to.[/Q


If they call. For me to work. Work. The fine must not be very large. If they don't care. There is a print out every week for hours available. Not like they don't know your hours
 

3 done 3 to go

In control of own destiny
Your Hours of Service are your responsibility to keep track of and the fine is yours and goes on your license if DOT finds out you violated. Just so you know.

Has it changed resent.?? I was always told it wasn't. They get the fines. They pay me to work. I will work till they tell me to come back
 

Scottyhawk

What is it? A brown box. Duh
34 hour reset is is only needed if you are or think you are going to exceed 60 hours in a rolling 7 day period, if not; then the 10 hour rule is your main concern
 

upschuck

Well-Known Member
DOT fined a driver and UPS when he went over, and this was probably close to 20 years ago. He grieved to make UPS pay for it, and lost. It is ultimately the drivers responsibility.
 

Siveriano

Well-Known Member
This is what happened to me last week. I thought break hour counted towards my 60 hours limit. So I put my name on the list for Saturday didn't came to work because when I punched out on Friday I had 54.76 hours worked so I added 5 for lunch make it 59.76 then Saturday I got a call from my old manager asking me where I was. I explained him the hours then he told me I still have 5 hours on the clock and I was needed so I told him to give me about 1.5 hours to get to work because I have to catch the bus and he offered to pay for a cab if I call one so I did and worked 5.23 hours on Saturday punching out with 59.97. Am I on trouble I mean. I thought lunch time counted towards the 60 hours limit.
 

UPS4Life

Well-Known Member
My hub will generally notify you if you have less than 13 available at your start time. However it's still drivers responsibilities and I've seen plenty of dumb drivers go over and not get more than a slap on the wrist. Be careful the situation you just mentioned is correct. Your meal does not count towards your 60 but I think your 10 minute break should and last i checked it's still logged off duty. Not setting this up to be a debate whether it's right or wrong if you want go over on 60 on Friday with how ever much break time you gained that's on your. But remember if you get Into an accident were you over 60 hours on the clock? It will be a lawyers dream.


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Siveriano

Well-Known Member
My hub will generally notify you if you have less than 13 available at your start time. However it's still drivers responsibilities and I've seen plenty of dumb drivers go over and not get more than a slap on the wrist. Be careful the situation you just mentioned is correct. Your meal does not count towards your 60 but I think your 10 minute break should and last i checked it's still logged off duty. Not setting this up to be a debate whether it's right or wrong if you want go over on 60 on Friday with how ever much break time you gained that's on your. But remember if you get Into an accident were you over 60 hours on the clock? It will be a lawyers dream.


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Mmmmm what 10 minutes break?
 

Mugarolla

Light 'em up!
This is what happened to me last week. I thought break hour counted towards my 60 hours limit. So I put my name on the list for Saturday didn't came to work because when I punched out on Friday I had 54.76 hours worked so I added 5 for lunch make it 59.76 then Saturday I got a call from my old manager asking me where I was. I explained him the hours then he told me I still have 5 hours on the clock and I was needed so I told him to give me about 1.5 hours to get to work because I have to catch the bus and he offered to pay for a cab if I call one so I did and worked 5.23 hours on Saturday punching out with 59.97. Am I on trouble I mean. I thought lunch time counted towards the 60 hours limit.
For the longest time, UPS counted your lunch into your hours of service. And we were told to count our lunch into the hours of service.

This changed last year. UPS's lawyers finally figured out that your lunch is off duty time. You can do what you want during that lunch period. Play golf, swim, sleep, whatever. It is now considered off duty and does not count toward your hours of service.

As a matter of fact, your breaks do not count into hours of service either. They are also off duty time. Here in the Central, we get a half hour unpaid meal/lunch and two 10 minutes paid breaks.

Since the meal/lunch is unpaid, it does not count as time worked, but the 10 minute breaks do count as time worked for payroll purposes, but they are also off duty for DOT purposes..

So here in the Central, you can actually get paid for 61.66 hours for the week. You got paid for more than 60 hours, but did not work more than 60 hours. Subtract ten 10 minute breaks (off duty) from 61.66 and you have only 60 DOT hours worked.

So no, you are not in trouble. If you took breaks during the week, they didn't count either so you are probably not even close to 59.97. You may have been able to work another hour or so.
 

Mugarolla

Light 'em up!
Has it changed resent.?? I was always told it wasn't. They get the fines. They pay me to work. I will work till they tell me to come back
Not only can they fine you, which you are responsible for, they can level criminal penalties against you.

Last one I know of was last year. UPS was fined $11,000 and the driver fined $2,750. Driver grieved it and lost. Ruling from the panel was that it is the drivers responsibility to know his hours of service and to not violate them. It has always been this way and always will.

UPS may help you out and let you know how many hours you have left to avoid them paying a fine. In feeders, when you clock in on the IVIS/FDT, it actually shows you your available hours.

Penalties for Violating Hours of Service Rules
  • Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance
  • State and local law enforcement officials may assess fines
  • FMCSA may levy civil penalties on a driver and carrier, ranging from $1,000 to $11,0000 per violation depending on severity
  • The carrier's safety rating can be downgraded for a pattern of violations
  • Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations; or against drivers who knowingly and willfully violate the HOS regulations
 

Siveriano

Well-Known Member
More questions today was the second day I was told not to take lunch by one of the supervisors. They gave me a route where I had never been the truck was overloaded so I told the manager that I needed help so he send a supervisor with me. The supervisor was literally throwing the boxes because the load was horrible. So around 2 pm he told me if I had brought my food and I told him no, also told him I saw a place couple of blocks where I was thinking on eating so he told me he was going to drop me there and he was going to keep delivering while I was at lunch. Then 5 minutes later he changed and told me to buy something out of the grocery store so I could be on lunch on the truck while he was driving I refused and told him I was not going to spend my lunch on the truck that I rather to just keep working so it was like that. Also before we left the center I. The morning they made me punch 2 diads so the supervisor could carry one too.
 

PT Car Washer

Well-Known Member
More questions today was the second day I was told not to take lunch by one of the supervisors. They gave me a route where I had never been the truck was overloaded so I told the manager that I needed help so he send a supervisor with me. The supervisor was literally throwing the boxes because the load was horrible. So around 2 pm he told me if I had brought my food and I told him no, also told him I saw a place couple of blocks where I was thinking on eating so he told me he was going to drop me there and he was going to keep delivering while I was at lunch. Then 5 minutes later he changed and told me to buy something out of the grocery store so I could be on lunch on the truck while he was driving I refused and told him I was not going to spend my lunch on the truck that I rather to just keep working so it was like that. Also before we left the center I. The morning they made me punch 2 diads so the supervisor could carry one too.
Wow. Your management team is clueless.
 
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