Goodbye 30 Min Rule

[STFXG]

This morning, a federal appeals court overturned the hours-of-service provision that required “short-haul” drivers to take a 30-minute break if driving after 8 hours on duty. Short-haul drivers are specifically referenced in the court judgment as drivers who use the 150 air-mile radius provision — FMCSR 395.1(e)(2) — and are exempt from completing a logbook.

Accordingly, effective immediately, drivers who provide service in our P&D and FedEx Home Delivery operations — and who use the 150 air-mile radius provision — are no longer required to take the 30-minute break.

The court upheld the 30-minute break for all other CMV drivers, and upheld the other hours-of-service rules that went into effect July 1. Therefore, the 30-minute break is still in effect for drivers who provide service in our Linehaul operation, as well as for drivers in our P&D operation who do not use the 150 air-mile radius exemption; and the new 34-hour restart provisions are still in effect for all drivers. In addition, any rest break that is enforced by individual states, independent of the federal regulations, would still be in effect.

 

[CJinx]

That was quick.

 

[MAKAVELI]

That was quick.

Let me guess old Fred pulled out his pocketbook.

 

[STFXG]

The ATA fought it.

 

[NonyaBiznes]

Let me guess old Fred pulled out his pocketbook.

Hell if he can pull out $7 million in THREE months to fight the "Brown Bailout", sliding Corker and Alexander a few thousand ain't jack.

 

[The Mayor]

This morning, a federal appeals court overturned the hours-of-service provision that required “short-haul” drivers to take a 30-minute break if driving after 8 hours on duty. Short-haul drivers are specifically referenced in the court judgment as drivers who use the 150 air-mile radius provision — FMCSR 395.1(e)(2) — and are exempt from completing a logbook.

Accordingly, effective immediately, drivers who provide service in our P&D and FedEx Home Delivery operations — and who use the 150 air-mile radius provision — are no longer required to take the 30-minute break.

The court upheld the 30-minute break for all other CMV drivers, and upheld the other hours-of-service rules that went into effect July 1. Therefore, the 30-minute break is still in effect for drivers who provide service in our Linehaul operation, as well as for drivers in our P&D operation who do not use the 150 air-mile radius exemption; and the new 34-hour restart provisions are still in effect for all drivers. In addition, any rest break that is enforced by individual states, independent of the federal regulations, would still be in effect.

My ground driver in my area told me about this, this afternoon. Question, could this also be applied to us at Express. I heard that one of the main arguments for the decision was that " the personel " (not employees) that drive are not driving continuously for 8 to 10 hrs. They stop, get out of the vehicle and make pickups and deliveries. If this is the case, then to me it seems that they just shot themselves in the foot and this could open up a whole new can of worms.......TBD I guess.

 

[HomeDelivery]

that's good news...

I heard that one of the main arguments for the decision was that " the personel " (not employees) that drive are not driving continuously for 8 to 10 hrs. They stop, get out of the vehicle and make pickups and deliveries.

"continuous" was the key word... i think this rule only applied to the feeder drivers.

​Heck most of the other HD guys in my terminal said unless they were paid by the hour, they'll take that 30 min break after 8 hours.

 

[Code 82 Approved]

Good news for me. Seriously.

 

[MaineGroundDriver]

Although the rule didn't affect me all that much as I often have 30-45 minutes to kill waiting for end of day pickups anyway, it's great news, especially for peak .. and the ruling makes perfect sense .. local delivery drivers taking 30 minute break basically just adds 30 minutes onto their work day and makes them more tired IMHO

 

[GROUNDIsAHugeSCAM]

Although the rule didn't affect me all that much
​

You can use that 30 minutes at 1300 to go mow your lawn and/or shovel snow. I thought this was already worked out?

 

[vantexan]

Although the rule didn't affect me all that much as I often have 30-45 minutes to kill waiting for end of day pickups anyway, it's great news, especially for peak .. and the ruling makes perfect sense .. local delivery drivers taking 30 minute break basically just adds 30 minutes onto their work day and makes them more tired IMHO

Used to have routes where I could take an hour in the middle of the day. I would read USAToday at a Subway and completely take my mind off of FedEx. These days it's running to make service, not taking a break before 1630 many days. Lately I've started taking the break anyways. Run like crazy to make service, do two and three day after 1630. Pretty certain the courier before me was working off the clock. Can't match his numbers so I stopped worrying about it. We all know the job has turned into crap so why worry about it?

 

[CJinx]

When does this go into effect?

 

[bbsam]

When does this go into effect?

immediately

 

[!Retired!]

Used to have routes where I could take an hour in the middle of the day. I would read USAToday at a Subway and completely take my mind off of FedEx. These days it's running to make service, not taking a break before 1630 many days. Lately I've started taking the break anyways. Run like crazy to make service, do two and three day after 1630. Pretty certain the courier before me was working off the clock. Can't match his numbers so I stopped worrying about it. We all know the job has turned into crap so why worry about it?

No way I wait until 1630 to take a break.

 

[mcutrono]

So what you does this mean for us express employees that are told we have to take an hour break?

 

[vantexan]

No way I wait until 1630 to take a break.

Previous courier, who died in an accident, was doing about 12.5 stops an hour on a route that should be averaging 8.5-9. If you saw the rural areas he delivered 15 to 30 miles away from his main town, you'd see that 12.5 could only be achieved working off the clock. He even got back to station early enough a couple of days a week to run a pickup rt. I suspect running like crazy caused the accident that killed him. He was also the highest paid courier in the station last year, grossing over $76k on the lowest payscale. Looks to me like he had a very lucrative situation and was doing everything possible to make mgr happy to keep it happening. Was even the DG specialist on reload and worked most Saturdays as a 6th day. So I come in, mgr expects the same on two days of training by part-timer who had only run rt 3 days. Mgr kept talking about how easy rt is and would be starting me on pickup rt in town soon. So I tried to make it happen but found that 80-95 stops over 200 miles most days it just isn't feasible and got tired of running all day to make service before taking a break. Mgr kept dropping little comments like the senior mgr is asking if he thinks I'm milking it. Very telling that none of the locals would take rt before I got here and they had to post on JCATS to replace me. Between the raise situation and all of this, and plenty more to boot, decided to just quit and will be gone in 5-6 weeks as soon as I train the new guy for a week. He goes to courier school first. No route for a newbie and demonstrates the shortsightedness of mgmt. They won't pay for experience, will only pay more in OT to people who literally kill themselves for it, and will have a turnstile on this route as people realize how hard they are expected to work for no future.

 

[Guapo]

No way I wait until 1630 to take a break.

Lot of people do that. Not me lunch is 12-1 let the chips fall where they may.

 

[!Retired!]

Previous courier, who died in an accident, was doing about 12.5 stops an hour on a route that should be averaging 8.5-9. If you saw the rural areas he delivered 15 to 30 miles away from his main town, you'd see that 12.5 could only be achieved working off the clock. He even got back to station early enough a couple of days a week to run a pickup rt. I suspect running like crazy caused the accident that killed him. He was also the highest paid courier in the station last year, grossing over $76k on the lowest payscale. Looks to me like he had a very lucrative situation and was doing everything possible to make mgr happy to keep it happening. Was even the DG specialist on reload and worked most Saturdays as a 6th day. So I come in, mgr expects the same on two days of training by part-timer who had only run rt 3 days. Mgr kept talking about how easy rt is and would be starting me on pickup rt in town soon. So I tried to make it happen but found that 80-95 stops over 200 miles most days it just isn't feasible and got tired of running all day to make service before taking a break. Mgr kept dropping little comments like the senior mgr is asking if he thinks I'm milking it. Very telling that none of the locals would take rt before I got here and they had to post on JCATS to replace me. Between the raise situation and all of this, and plenty more to boot, decided to just quit and will be gone in 5-6 weeks as soon as I train the new guy for a week. He goes to courier school first. No route for a newbie and demonstrates the shortsightedness of mgmt. They won't pay for experience, will only pay more in OT to people who literally kill themselves for it, and will have a turnstile on this route as people realize how hard they are expected to work for no future.

1. Have you asked for a check ride? A 4 SPH difference equates to 24 stops over 6 hours and 32 over 8. Even working off the clock, you couldn't make up that many stops.
2. How many stops does DRA say you should have?
3. No way I wait until 1630 to take a break.

​

 

[vantexan]

1. Have you asked for a check ride? A 4 SPH difference equates to 24 stops over 6 hours and 32 over 8. Even working off the clock, you couldn't make up that many stops.
2. How many stops does DRA say you should have?
3. No way I wait until 1630 to take a break.

​

We aren't using DRA here unless that includes letting us know how much in the red or black we are once or twice a day. Previous station didn't use it either. I've pointed this out to him and he agreed and has adjusted my SPH a bit. I'm now hitting in low 90's. I've had customers tell me previous courier would call them to see if they had any outgoing. Had a copy of barcode for a mailbox place according to business owner. Mgr said most likely he knew where many customers worked having run rt 16 years. And he could release a bunch in a fairly small, but busy, town and drop them off on his break. Plus run like crazy. This is a town of 8000 plus another of about 2500 and one less than a thousand plus the rural areas around them. And usually several rurals out of our station's city on the way to main town 30 miles away. I'm just not willing to run like that, although through most of my "career" did it all the time. There's no incentive to hustle, and I'm continually amazed at coworkers who think our rank in the district in various categories is a big deal. It still matters to me to do a good job, but my definition of a good job anymore doesn't jibe with the demands they are making. All in all my mgr is a good guy, have no desire to mess with him. My senior is another matter, but she's someone else's headache in 5 weeks.

 

[MaineGroundDriver]

Anybody have a link to this ruling online anywhere?