Is lunch factored into hours of service?

Discussion in 'UPS Discussions' started by bigmistake, Jul 25, 2019.

  1. CoffeeStainedUniform

    CoffeeStainedUniform Active Member

    14 hour punch to punch, 60 hours calculated differently? It's all academic for me since I only take my paid breaks.
     
  2. It's does count towards your 60 hrs.
     
  3. 542thruNthru

    542thruNthru Well-Known Member

  4. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Yes week HOS are actual hours worked. Break doesn’t count.
     
  5. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    No
     
  6. Rick Ross

    Rick Ross I'm into distribution!!

    I believe the only time break would count is if you're driving a hazmat vehicle and cannot leave the vehicle because of hazmat regulations. There may be other instances but this is the only one I can remember.

    It's been awhile since I took the DOT hazmat test, if I remember correctly some placarded hazmat loads, like explosives, have to be parked either in a safe haven or the driver must remain in line of sight of the load. in this case, the driver is taking a break from driving but is not relieved from all work duties because he is still required to stay with the truck and watch it. For this reason, break time would count towards his hours of service.

    If you're relieved of all work duties during break, your break time does not count towards hours of service for the week. It still counts towards your 14 hours for the day.

    I don't see how some people can't understand this. It's clearly stated in the DOT HOS regulations.
     
  7. Blazian81

    Blazian81 Member

    Lol give them the magic 8 ball
     
  8. Indecisi0n

    Indecisi0n Well-Known Member

    Never giving them a staright answer drives them nuts. I loved playing games .
     
  9. Sissy Brown Short Shorts

    Sissy Brown Short Shorts Active Member

    I’ve been at 55 or so hours a week for the last six weeks. And they try to make me come in Saturday’s.
     
  10. Mugarolla

    Mugarolla Light 'em up!

    This qualifies of one of the top 10 posts I have ever read.
     
  11. 104Feeder

    104Feeder Phoenix Feeder

    Take the pay consideration out when thinking of Hours of Service. The DOT doesn't concern itself with your pay, just what you are doing. You are either "off duty"- which is to say "relieved of all responsibility", so if you are "engaged in waiting" such as for your Package car or Trailer to be loaded you cannot be "off duty". Then you are either "On Duty-Driving" or "On Duty-Not Driving". On Duty Driving is either operating a Package Car or Trailer or sitting behind the wheel not in a sleeper berth. All time once you leave the Building until you return is considered "On Duty-Driving" in a Package car with the exception of breaks or meal periods taken where you are relieved of all responsibility and "Off Duty". So when you report to work you would, from the time you punch in until the time you leave the building, be "On-Duty Not Driving" then change to "On Duty-Driving" until you took your meal period of 1 hours which would then be "Off Duty" then return to delivering so now "On Duty-Driving" until you returned to the building at which time you would be "On Duty-Not Driving until you punched out for the the day. If punching out at exactly 12 hours you would have 11 hours of "On Duty" combined time for the day so, after 10 hours of rest, you would be able to come On Duty again and drive. At the end of 5 days of the exact same HOS conditions (assuming all hours occurred prior to Midnight each day) you would have accumulated 55 hours of On Duty Time and have 5 hours of On Duty time available for the 6th day.

    As previously stated HOS doesn't care if you work 14 hours or 24 hours, just that you do not drive after 14 hours and no less than 10 hours of rest between whatever time you start work and the next time you come On Duty. Shifting in the yard is considered On Duty-Driving time for HOS purposes, but if you do no actually go "On Road" it would be hard to get a violation. A Package Driver can be "On Duty-Not Driving" and work in the hub all they want after the 14th hour but just cannot drive if they exceed the 60/70 or have less than 10 hours rest between shifts. (I still have issues with the 70 hour change but the DOT has been unresponsive.)
     
    Last edited: Jul 27, 2019
  12. Mugarolla

    Mugarolla Light 'em up!

    Incorrect.
     
  13. Jones

    Jones fILE A GRIEVE! Staff Member

    I'm with Mug on this one.
     
  14. BestMgrEver

    BestMgrEver Hot girl summer

    Some of you guys really need to recertify on your DOT knowledge. It's really sad how bad some of these advices are. If you don't know don't post.
     
  15. RolloTony Brown Town

    RolloTony Brown Town Active Member

    Time bonus’s do not count towards your 60
     
  16. 104Feeder

    104Feeder Phoenix Feeder

    I believe I clarified other than break and meal time, otherwise please cite your basis. I clarified this direct with DOT back in 2009. They're exempt from logbooks due to the short haul exemption so if you run a logbook to have HOS information when you are not on the exemption that is how you would record it. If you work Package then Feeder printed HOS will show no hours for the days in Package. If you print a SPARKS report you'll typically see 2 minutes at a stop and 2 minutes between stops in a residential area, it's impossible to accurately record driving and not driving time on a logbook that way hence the on-duty driving assumption.
     
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  17. Jones

    Jones fILE A GRIEVE! Staff Member

    If all their time is counted as on duty driving wouldn't they be prohibited from working more than 11 hours a day?
     
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  18. RolloTony Brown Town

    RolloTony Brown Town Active Member

    Package drivers don’t follow the 11 hour rule for exactly what 104feeder said

    it has to do with the short amount of time between stops that package drivers are physically driving.

    I’m not saying that makes its morally ok to force package drivers to use 70 hr rule or that there isn’t severe fatigue involved with package drivers.

    Just that over the course of a 14 hour day (basically your worst nightmare/peak) you will undoubtedly spend at least half that time in parked, sorting, delivering, etc. which means in nearly every case you are not at risk of driving past 11 hours in a day.


     
  19. Jones

    Jones fILE A GRIEVE! Staff Member

    I understand that package drivers don't follow the 11 hour rule, which is why I question whether all their time on road is counted as on duty driving.
     
  20. Mugarolla

    Mugarolla Light 'em up!

    The memory is the second thing that goes.

    Correct.

    They are also exempt from the 30 minute rest period before 8 hours of on duty time.

    And, as long as they are relieved of duty within 12 hours. Anyone working over 12 hours without taking a lunch until the end of day has violated HOS.

    Yes.

    Incorrect.

    They are still subject to only 11 hours of driving.

    Correct.

    But they still must follow 11 hours of driving time.

    Even working 14 hours, no package driver will drive for more than 11 hours, but, the 11 hour rule still applies.

    Correct.

    Even if you are not spending half your time not driving.

    Just a quarter of the time not driving, say a 200 mile 60 stop country route, you will never exceed 11 hours drive time.

    Incorrect.

    You did, and you are correct, on this point.

    But, all other time for a package driver is considered on duty, not on duty-driving as you posted.

    Electronic Code of Federal Regulations

    PART 395—HOURS OF SERVICE OF DRIVERS

    §395.1 Scope of rules in this part

    (e) Short-haul operations—(1) 100 air-mile radius driver. A driver is exempt from the requirements of §§395.8 and 395.11 if:

    (i) The driver operates within a 100 air-mile radius of the normal work reporting location;

    (ii)(A) The driver, except a driver-salesperson or a driver of a ready-mixed concrete delivery vehicle, returns to the work reporting location and is released from work within 12 consecutive hours;

    (B) The driver of a ready-mixed concrete delivery vehicle returns to the work reporting location and is released from work within 14 consecutive hours;

    (iii)(A) A property-carrying commercial motor vehicle driver, except the driver of a ready-mixed concrete delivery vehicle, has at least 10 consecutive hours off duty separating each 12 hours on duty;

    (B) A driver of a ready-mixed concrete delivery vehicle has at least 10 consecutive hours off duty separating each 14 hours on duty;

    (C) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

    (iv)(A) A property-carrying commercial motor vehicle driver, except the driver of a ready-mixed concrete delivery vehicle, does not exceed the maximum driving time specified in §395.3(a)(3) following 10 consecutive hours off duty;

    And here is §395.3(a)(3)

    (3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.