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Is lunch factored into hours of service?
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<blockquote data-quote="104Feeder" data-source="post: 4149174" data-attributes="member: 42554"><p>You need to go farther down, this is the part of 395.1 they are using: </p><p>(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license.Except as provided in this paragraph, a driver is exempt from the requirements of §§395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if:</p><p></p><p>(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;</p><p></p><p>(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;</p><p></p><p>(iii) The driver returns to the normal work reporting location at the end of each duty tour;</p><p></p><p>(iv) The driver does not drive:</p><p></p><p>(A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and</p><p></p><p>(B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days;</p><p></p><p>(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:</p><p></p><p>(A) The time the driver reports for duty each day;</p><p></p><p>(B) The total number of hours the driver is on duty each day;</p><p></p><p>(C) The time the driver is released from duty each day;</p><p></p><p>(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.</p><p></p><p>Then go farther down and read the definition of Driver-salesperson: </p><p>Driver-salesperson means any employee who is employed solely as such by a private carrier of property by commercial motor vehicle, who is engaged both in selling goods, services, or the use of goods, and in delivering by commercial motor vehicle the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which he/she reports for duty, <strong>who devotes not more than 50 percent of his/her hours on duty to driving time.</strong> The term selling goods for purposes of this section shall include in all cases solicitation or obtaining of reorders or new accounts, and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts.</p></blockquote><p></p>
[QUOTE="104Feeder, post: 4149174, member: 42554"] You need to go farther down, this is the part of 395.1 they are using: (2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license.Except as provided in this paragraph, a driver is exempt from the requirements of §§395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if: (i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter; (ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location; (iii) The driver returns to the normal work reporting location at the end of each duty tour; (iv) The driver does not drive: (A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and (B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days; (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (A) The time the driver reports for duty each day; (B) The total number of hours the driver is on duty each day; (C) The time the driver is released from duty each day; (D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently. Then go farther down and read the definition of Driver-salesperson: Driver-salesperson means any employee who is employed solely as such by a private carrier of property by commercial motor vehicle, who is engaged both in selling goods, services, or the use of goods, and in delivering by commercial motor vehicle the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which he/she reports for duty, [B]who devotes not more than 50 percent of his/her hours on duty to driving time.[/B] The term selling goods for purposes of this section shall include in all cases solicitation or obtaining of reorders or new accounts, and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts. [/QUOTE]
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Is lunch factored into hours of service?
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