It is moot because of the record keeping requirements. All that is required is basically a timecard. But think about it: how would you record a package drivers day on a logbook? UPS basically lost the argument before that their IVIS was compliant with the new rules when they got their extension and were forced to implement the phone based one we use today. They claimed as feeder drivers we get in and out too often to comply with the recordkeeping requirements. Now the IVIS will record more accurate on duty vs on duty-driving times, and change your duty status. When you leave building as a package driver you change from "on duty" to "on duty-driving", agreed? Before, because of the 15 minute increments on a logbook, you didn't change your duty status unless you went over 7 minutes- so if you ran inside somewhere to use the restroom and came back behind the wheel in that time your duty status would still be accurate. Go over and you were technically in violation for not changing duty status. As a package driver you leave building and go to your first air stop. Typically, as I've seen on SPARKS reports (do they still call them that?) you will spend less than a minute at a residential stop and two minutes between stops (driving) with longer driving times between neighborhoods or travel time to pickups/air meets and longer non-driving times at bulk stops, pickups, or air drop off meets. A typical drivers day has extended driving times at the end of the day you're running off shags or sometimes even returning to the building and going back out. Assuming a 15 minute period at Start Work and another at RTB, then add an hour personal Off Duty time and you've got 12.5 hours on road. Assuming a 150 stop day with say 1 minute per stop on average and now you only have 10 hours of driving time even though that's not going to be reflected on a log in any sort of accurate form. So saying they are held to the 11 hour driving rule is moot because there really isn't any way to show that. The assumption is that by being within 150 air miles (typically you average 45 miles an hour over a trip) you aren't going to be able to accumulate 11 hours of driving in a 14 hour period.
I appreciate the links but those are really just the same as lawyer website blogs, just opinions. Foleys is just an office in a mixed residential/commercial building. What's needed is an actual interpretation by the FMCSA. I LOLd at the suggestion that government regulations are plainly written to mean what they say, as a lot of administrative law judges would be out of jobs.
Speaking of interpretations, this one wasn't there when I was arguing against putting Package drivers on the 70/8 hour week:
Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?
Guidance:
If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60-hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations.
We operate 7 days a week and all under the same DOT number. I find it interesting that Sleepers is always under the 70/8 while they put regular Feeders and Package under 60/7 then change at will. Seems like we should all be under one or the other, which doesn't help get package drivers out of the 70.