New FMCSA rules July 1st 2013

[cachsux]

I personally think, and I could be wrong, that it was only meant for vehicles with 3 axles. I think someone at UPS dropped the ball when they said it was for package drivers. Just a buzz I heard. From a reliable source.............................

No ball dropping. You can kill someone just as fast as I can. My truck will just make a bigger mess of it.

Our weekly PCM had pics of a crash last week by a UPSF truck that hit and killed two independant drivers trying to do a tractor swap on the side of the road on I-65 in IN. Wasn't pretty.

 

[cachsux]

It has nothing to do with how many axles you drive. It says if your vehicle is over 10,001 pounds, works with interstate commerce and transports hazardous materials. Sound familiar? Now I looked up the exceptions--you should too--and there are exceptions for the so-called 150 mile radius rule. Meaning if your delivery area is under 150 miles away from your hub, then you would be exempt. But, apparently not. Otherwise UPS wouldn't be telling package car drivers that the rules apply to them.

Our local never breaks that mileage limit. But it was laid out for us, no exceptions. A tired long hauler 200 miles out is no less or more dangerous than a local guy on his fifth 50 mile run of the night. Fatigue is fatigue.

 

[Dracula]

Our local never breaks that mileage limit. But it was laid out for us, no exceptions. A tired long hauler 200 miles out is no less or more dangerous than a local guy on his fifth 50 mile run of the night. Fatigue is fatigue.

What I don't understand, and no one has given us an answer, is why we need to take our 30 minute meal not later than 7 hour, 25 minute mark. But the DOT rules say you have to take the meal, NO LATER than the 8TH hour. To some, that might not seem like much, but to many of us night drivers, stretching that extra 35 minutes is an extra 35 miles down the road. I drive about 450 miles a night.

It sounds like UPS is being paranoid about the rules, and adding their own guidelines. Why? Who knows? Our feeder manager told us that anyone violating will be suspended for one day for the first violation. Zero tolerance, is what he told us. I don't care, because I always follow DOT rules. But we've already had a mileage guy violate. We'll see if he gets that one day off.

 

[Brownslave688]

I agree we should all take it, BUT, in the extreme heat, and extreme cold, I like breaking it into 5 breaks to stop and get a cool, or hot drink, and wash my hands and use a restroom.
I will of course follow the rule. And I will just have to take those other breaks and if it goes over my other 20 that I can break up, so be it, Ill deal with that when it happens.

Since when is hydrating and using the restroom a break? That's time u should legally be paid for.

 

[CoolArrow]

You don't have to take a 30 minutes break, you just have to record it. They can't do anything if it shows your wheels were moving or you had delivered during the break until they add a discipline through technology language to the contract. I don't encourage anyone to work through their break but if you had to be off early for some pressing reason you can just record a break to comply and go home.

 

[serenity now]

You don't have to take a 30 minutes break, you just have to record it. They can't do anything if it shows your wheels were moving or you had delivered during the break until they add a discipline through technology language to the contract. I don't encourage anyone to work through their break but if you had to be off early for some pressing reason you can just record a break to comply and go home.

Quick path to termination. Great advice!

 

[Bankrupt]

Express gal here hence the user name,our scanning device locks us out of all working scans while on break.

 

[Bubblehead]

You don't have to take a 30 minutes break, you just have to record it. They can't do anything if it shows your wheels were moving or you had delivered during the break until they add a discipline through technology language to the contract. I don't encourage anyone to work through their break but if you had to be off early for some pressing reason you can just record a break to comply and go home.

Doesn't the present technology language allow them to use telematics in the event of proven dishonesty?
Wouldn't this scenario qualify?

 

[Wally]

If one starts at 8:30 am, would lunch at 2-3 pm be ok?

 

[upsgrunt]

yes

 

[toonertoo]

Since when is hydrating and using the restroom a break? That's time u should legally be paid for.

That is why I said if I go over my extra 20 I will worry then. I was told on my 3 day ride, and I hear you have to work as directed..............that my restroom break is a break. While I don't believe it to be true, I try to incorporate it, but don't worry a whole lot about it. If you are just using a rest room, it takes longer to input a three minute break, than to take it.

 

[scratch]

If I were to take my lunch between 12 and 1:00 and I'm gonna have a late night where I punch out after 9pm I have to take another 30min of unpaid break. This is the stupidest thing I have heard of.

Yeap, we had a driver get in trouble this week for not doing this.

 

[Brownslave688]

If I were to take my lunch between 12 and 1:00 and I'm gonna have a late night where I punch out after 9pm I have to take another 30min of unpaid break. This is the stupidest thing I have heard of.

Yeap, we had a driver get in trouble this week for not doing this.

Ok I was having this discussion with another driver. He didn't believe me. Can someone post that part of the law or a link to the law. I want to being this up at PCM Monday and see the look on managements face.

 

[bluehdmc]

From the FMCSA website:

May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper-berth period of at least 30 minutes. [49 CFR 397.5 mandatory "I attendance" time for hazardous materials may be included in break if no other duties performed]

On Duty Time:

Does not include any time resting in a parked vehicle (also applies to passenger- carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.

Link: Summary of Hours-of-Service (HOS) Regulations - Federal Motor Carrier Safety Administration

 

[104Feeder]

If your CBA has a mandated 30 minute or 1 hour unpaid meal period and you take it within the prescribed time window, I would argue that any additional rest period you are required to take by law would be paid for time. The FMCSA does not address the issue of pay, just the 30 consecutive minute period and that you can do no work. Here, our general window is within the 4th & 6th hour so this problem is not likely to arise. We have a 5th & 7th hour window also for a planned 10 hour day, but the intention supposedly is for 4 ten hour days not 5 eight hour planned days.

 

[cachsux]

Ok I was having this discussion with another driver. He didn't believe me. Can someone post that part of the law or a link to the law. I want to being this up at PCM Monday and see the look on managements face.

It's the part that states about the 30 min before 8 hours. That's every 8 hours. So as posted, if you break too early you better watch the back door as you can violate there.

And 104, we brought that very topic up of any required breaks after our alloted break/lunch was used being paid and the reply was "Sorry,no". So either the union needs to get in on fixing that (yea, I know) or make sure you punch out permanently before that second break is needed.

 

[Brownslave688]

This is going to be one very interesting peak season.

 

[Dracula]

That is why I said if I go over my extra 20 I will worry then. I was told on my 3 day ride, and I hear you have to work as directed..............that my restroom break is a break. While I don't believe it to be true, I try to incorporate it, but don't worry a whole lot about it. If you are just using a rest room, it takes longer to input a three minute break, than to take it.

Nope. You should file a grievance about this. The bottom line is these drones will tell you ANYTHING at any time. They count on you not pressing the issue. Because when you do, their tune changes when their name gets posted on a grievance. Don't take this crap from them. Restroom breaks ARE NOT counted as personal breaks. Your supervisor took advantage of the fact that you accepted his/her word as gospel. The good news is, it's never too late to stand up for yourself. Most of us have been in your shoes. Never punch out when you use the restroom. If they say anything, start talking about filing grievances, mention that you will call the state DOT office and ask them if it is true that my supervisor (mention his/her name) instructed me that I am to take my personal break time when I need to use the restroom.

You should get this supervisors phone number, call him/her and tell them someone stole their car out of the parking lot. True? No, but let him find that out on his own.

 

[Dracula]

Ok I was having this discussion with another driver. He didn't believe me. Can someone post that part of the law or a link to the law. I want to being this up at PCM Monday and see the look on managements face.

https://www.fmcsa.dot.gov/documents/hos/Interstate-Truck-Driver-Guide-to-HOS_508.pdf

 

[cachsux]

Nope. You should file a grievance about this. The bottom line is these drones will tell you ANYTHING at any time. They count on you not pressing the issue. Because when you do, their tune changes when their name gets posted on a grievance. Don't take this crap from them. Restroom breaks ARE NOT counted as personal breaks. Your supervisor took advantage of the fact that you accepted his/her word as gospel. The good news is, it's never too late to stand up for yourself. Most of us have been in your shoes. Never punch out when you use the restroom. If they say anything, start talking about filing grievances, mention that you will call the state DOT office and ask them if it is true that my supervisor (mention his/her name) instructed me that I am to take my personal break time when I need to use the restroom.

You should get this supervisors phone number, call him/her and tell them someone stole their car out of the parking lot. True? No, but let him find that out on his own.

The ride along should go like this:

Sup: You bathroom stops count as part of your break time.

Toon: Really? Wow. Ok I'll make a mental note to file a grievance as soon as we get back to the building.