Is lunch factored into hours of service?

[Mugarolla]

I can't see the FMCSA saying you can shift for 10 hours then go drive 4 or 6 hours and be OK. That's just not reasonable.

What's the difference if you shift for 10 hours or drive a forklift for 10 hours and then go drive for 4 hours on road.

The FMCSA does not have an issue with driving a forklift for 10 hours and then driving on road for 4 hours.

I've done both. Driving a forklift for 10 hours makes you more tired than shifting for 10 hours, but the FMCSA doesn't care.

 

[Mugarolla]

It's still on there because it's a different situation than described in your quotes. The last paragraph makes it clear it's something different with "authorized personal use". It's talking about limited activity dropping your trailer and moving to a parking area.

I disagree.

Straight from JJ Keller

2. What are the requirements of a “yard” according to the FMCSA?
The requirement is that the vehicle cannot be operating on what is defined in §390.5 as a “highway.” A highway is any roadway, public or private, that the public can operate a four-wheeled vehicle on that is not restricted by signs or gates.

Top 10 FAQs About the ELD 'Yard Move' Special Driving Category | J.J. Keller Encompass Fleet Management System | ELDs, ELogs & More

 

[104Feeder]

I disagree.

Straight from JJ Keller

2. What are the requirements of a “yard” according to the FMCSA?
The requirement is that the vehicle cannot be operating on what is defined in §390.5 as a “highway.” A highway is any roadway, public or private, that the public can operate a four-wheeled vehicle on that is not restricted by signs or gates.

Top 10 FAQs About the ELD 'Yard Move' Special Driving Category | J.J. Keller Encompass Fleet Management System | ELDs, ELogs & More

I think you are missing the larger picture. The FMCSA regulations apply to commercial motor vehicles and commercial drivers. A forklift is not a commercial motor vehicle. Loading trailers for 10 hours is more fatiguing than both activities but the FMCSA doesn't care if you do that then drive for 4. JJ Keller even recognizes it's for"small vehicle moves" , similar to personal conveyance, and isn't contradicting the activity described in the guidance that still governs. I'll stick with the guidance until it is changed or removed, but it's been there at least since ELDs were implemented.

 

[Rick Ross]

When you leave building as a package driver you change from "on duty" to "on duty-driving", agreed?

The benefit of the air mile exception is that drivers only record on duty time. You only need to keep track of hours worked because UPS has already proven they qualify for the DOT exception. This exception means you do not keep track of drive time, so, as a package car driver using the air mile exception you will never be classified on duty driving because you are not required to keep a log book, just your hours worked.

I don't understand what you guys are going back and forth about. If your first job of the day doesn't require use of a log book then HOS rules would apply and the driver would be responsible for knowing how much time he has available for the day. If you shifted for 3 hours you would have 11 hours drive time/on duty time available and be required to take a meal before 8 hours on duty. If as a shifter you went off private property it would be different.

 

[Mugarolla]

If you shifted for 3 hours you would have 11 hours drive time/on duty time available and be required to take a meal before 8 hours on duty.

That's my opinion also.

@104Feeder is saying the FMCSA classifies the shifting time as driving, thus only leaving 8 hours of drive time available.

 

[104Feeder]

The benefit of the air mile exception is that drivers only record on duty time. You only need to keep track of hours worked because UPS has already proven they qualify for the DOT exception. This exception means you do not keep track of drive time, so, as a package car driver using the air mile exception you will never be classified on duty driving because you are not required to keep a log book, just your hours worked.

I don't understand what you guys are going back and forth about. If your first job of the day doesn't require use of a log book then HOS rules would apply and the driver would be responsible for knowing how much time he has available for the day. If you shifted for 3 hours you would have 11 hours drive time/on duty time available and be required to take a meal before 8 hours on duty. If as a shifter you went off private property it would be different.

There is an interpretation specific to shifting which is still currently posted on FMCSA that qualifies such work as on duty driving time. Correct that the 150 air mile exception dispenses with the log book which makes the classification of your time moot. We aren't arguing, just debating finer points of HOS mostly because we obviously enjoy the same sandbox (fine white crushed coral sand, no cat turds, pristine classic TONKA trucks).

 

[Mugarolla]

TONKA trucks.

Snub-nose International......