DOT HOS Job classification.

Discussion in 'UPS Discussions' started by gman042, Dec 29, 2012.

  1. gman042

    gman042 Been around the block a few times

    Is it true that Maximum hours of service (ie 16 hr weather exception, 16 hr single day) only applies to feeder drivers. I was told that it does not apply to package as we are a different job classification though we are both governed by DOT regs for hours.
  2. over9five

    over9five Moderator Staff Member

    Same rules apply to both jobs.

  3. over9five

    over9five Moderator Staff Member

  4. gman042

    gman042 Been around the block a few times

    That is the way I read it. is the rest of the story.

    Christmas Eve day.....I was cleared for 14 hrs. Ended up with 14.25 from punch in to punch out. Issued warning letter for violating DOT HOS 14 hr rule. I stated that I was not in violation according to 16 hr rule though I could not claim the 16 hr weather exception as I was driving after the 14th hr. I had my 34 hr reset(weekend), did not work the next day(Christmas day) and did not drive over 11 hrs during trip(lunch break and drivers sort time).

    center manager states that these DOT regs do not apply to package as they are not required to have CDL to operate package car whereas feeder drivers must have one.
  5. over9five

    over9five Moderator Staff Member

    Read the first link I gave you about who the DOT hours apply to. They don't even mention CDLs.
  6. gman042

    gman042 Been around the block a few times

    Taken from the link.

    Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.

    This is not conclusive. The first word gives my center manager's rationale credence.
  7. UPSGUY72

    UPSGUY72 Well-Known Member

    Do you have to have a DOT physical to be able to drive the UPS package car your in every day? Does the side of the your package car have a DOT number? You fall under most drivers.

    Your center manager doesn't care he is not getting in trouble with the DOT YOU ARE you are responsible for your HOS not the company they only are responsible for reporting your violations.

    I would keep it under 14 punch in to punch out and under 60. If your center manager is forcing you to work over 14 I would talk to your BA immediately before you went over your 14 hours. I would also make sure I'm off the clock under 14 and grieve any punishment and report your center manager to the DOT for forcing people to break DOT HOS rules.

    The 14 hours are Hours worked not just hours driving. Also if you violate the 14hr rule your going to violate the 10 hour rule unless they move you start time.
  8. Monkey Butt

    Monkey Butt Dark Prince of Double Standards Staff Member

    This is in the thread that you posted to

    [h=3]1. General Hours of Service Guidelines[/h]
    • Drivers may drive up to 11 hours, but are limited to 14 hours in a duty period
    • The 14-hour duty period may not be extended with off-duty time for meal and fuel stops, etc.
    • Each duty period must begin with at least 10 hours off-duty
    • Drivers may work 60 hours on-duty in seven consecutive days; however, drivers can restart the 7-day period by taking at least 34 consecutive hour's off-duty
    • Beginning July 1, 2013, a driver must take a 30 minute rest break following 8 hours of driving time.
    • Beginning February 27, 2012, on-duty time does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.

    This is the interpretation from the DOT provided to UPS and approved by the DOT for package car drivers since the early 80's (I remember a clarification memo from the DOT back in 1984) and probably before.
    I have not heard of any changes to the original interpretation approved by the DOT but it is a government agency, so caveat emptor.
    Of course, the 2012 and 2013 are new.
  9. gman042

    gman042 Been around the block a few times

    As I see it.....Monday was an exception day to the 14 hr DAILY rule. There was the 34 hr reset and there was not a 10 hr daily reset needed for the next day. Not to mention there were some extenuating circumstances as I had an 1 hr drive from area and inclement weather to deal with. A wreck occurred in front of me causing a delay. That is where the 1/4 hr over 14 occurred.
  10. bottomups

    bottomups Bad Moon Risen'

    I would have pulled the vehicle over to a safe location, shut it down and called for someone to come and pick up myself and their vehicle. Put the ball in their court and let them make the right call.
  11. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Grieve the warning letter. Based on the circumstances you gave it should be thrown out.
  12. gman042

    gman042 Been around the block a few times

    The warning letter really isn't the issue here......just searching for clarification. Are package drivers and feeder drivers the same class where DOT is concerned? Or is it just a matter of convenience when supposed infraction occur?
  13. Monkey Butt

    Monkey Butt Dark Prince of Double Standards Staff Member

    This suggestion seems right and in regards to "matter of convenience" ... sure, it's part of that Double Standards thing.
  14. Dracula

    Dracula Package Car is cake compared to this...

    You didn't violate the law. And yes, you fall under the DOT rules. You can work over 14 hours, BUT, you must get UPS permission. They have to make the call, not you.
  15. brown67

    brown67 Active Member

    Does that 14.25 hours include a lunch break? On duty doesn't mean paid time. A 14.25 day with an hour lunch break means you were paid for 13.25 hours. A 14.25 paid day with an hour break means you were on duty 15.25.
  16. 104Feeder

    104Feeder Phoenix Feeder

    It used to be only 8 hours off duty.
    Last edited: Dec 29, 2012
  17. Benben

    Benben Active Member

    14 hours, 14 hours! Thats going above and beyond and the thanks you get is a warning letter? WTF is wrong with this company!? 14 hours on Christmas eve!

    Mommy where is daddy? Son, you don't have a daddy, big brown made him their bitch!!

    Let me guess, you got back to the building and not a Sup had been there since 3pm? And what is this crap about "cleared" for 14 hours? How is it you were "cleared" for 14 hours and not "FORCED" to 14 hours? I am sorry but at some point the work load becomes excessive, you were put in unreasonable danger. Unless you have been working 13 hours everyday for the past 1/2 year and have built up the stamina you are FATIGUED! DOT hours are there to protect us, our families and the public. Not something a center manager gets to hide behind. UPS has not had 1 package come through its system in the past decade that is worth life or limb. Greive it and if any driver in your center punched out under 12 file again and again. If you let yourself be pushed around now the next 5 weeks are going to be hell!!
  18. Dracula

    Dracula Package Car is cake compared to this...

    14 hours by DOT rule, means from punch in to punch out. So, if you go punch to punch, your meal time is included in that. So I have a 30 minute unpaid meal. If I work 14 hours punch to punch, my paid day is 13.5 hours. You INCLUDE your meal period--however much you get--in that 14 hours.
  19. FracusBrown

    FracusBrown Ponies and Planes

    DOT HOS rules apply to anyone operating a vehicle used in commerce with a GVW of more than 10,000 lbs. The GVW of the vehicle is the determoning factor. Summary of Hours-of-Service (HOS) Regulations - Federal Motor Carrier Safety Administration

    There are a couple of exceptions to the rule based upon conditions. Summary of Hours-of-Service (HOS) Regulations - Federal Motor Carrier Safety Administration

    b) Driving conditions -(1)Adverse driving conditions. Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§395.3(a) or 395.5(a) to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.

    (2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.
  20. cachsux

    cachsux Wah

    You are ONLY allowed to go over 14, to a max of 16, for a weather condition that was NOT known at the time of dispatch.

    If you didn't have unexpected weather then you violated.

    Irregardless as stated above YOU are the one responsible for your hours.