New FMCSA rules July 1st 2013

[Jones]

They are going to get fired if the dot finds out.

If I was at that PCM the DOT would find out pretty quick, about the time it takes me to make a phone call.

 

[Omega man]

We had the PCM Thursday, that we all have to take our lunch on the road. All 30 minutes, consecutively. Oh My, we will now find out who has been skipping through their lunch.

I take mine throughout the day, 10 minutes at a time. I don't like that I can no longer do that, as it will put me in neighborhoods at dark time in winter I do not want to deliver in dark. I really don't know how I will sit for 30 minutes, and not need a nap. I guess I will take one of those books with me, that have been pining up that I want to read.

The problem for me is, I have done it this way since they started slamming us every day for the last 5 or 6 yrs. There is no way I can get all my business off taking 30 minutes mid day.

But its a law, not a choice, and I think if people just do it, the company will be forced to put some of those cut routes in every day, to adhere to the new law or suffer missed packages. We have to follow the rule, they have to fix it so we can.
Many of the drivers have been forced to take their lunches and breaks at the end of the day. Mostly because it was easier to do that, than fight management and dispatch.
At 1 oclock every day, or at least near that time, we all need to call in and say, Im going on lunch, til 1:30, I start my pick ups at 3:30, until 5. I have 40 businesses left, I can only do thirty, in 2 hrs, the rest will be missed. Or whatever your route requirements are. We need to let them know early. This could be the light at the end of the tunnel, the way I see it.....

You mean to tell me we could of split up our lunch like that. Now you tell me.

We could always split it, no more.

Lunch rules have always been set in Local Agreements. Not every Supplement allows for this.

 

[cachsux]

If I was at that PCM the DOT would find out pretty quick, about the time it takes me to make a phone call.

Anyone who doesn't call, and this can be done anonymously and protected under the whistle blowers protection act, is only propagating the very abuse that they complain so much about.

 

[cachsux]

Why...if we, as package, do not have to have a CDL, operate within the 150 air mile radius of our base of operations, are not required to keep a DOT log book, do these rules apply to package? They are for feeders and we all know that. Upper management says that we are all(package and feeder) governed by DOT rules.....when they are convenient. If we are all going to be governed by DOT then all rules apply not just some here(for package) and some there(for feeders)

Because due to the weight limits it does apply to package.
Because you are just as susceptible to fatigue as a feeder driver.
Because your work vehicle is smaller than mine doesn't mean you won't kill someone just as quick.
Because the rules DO apply to you and it's time to accept it.

 

[UpstateNYUPSer(Ret)]

Anyone who doesn't call, and this can be done anonymously and protected under the whistle blowers protection act, is only propagating the very abuse that they complain so much about.

How would you feel about a driver who is directed to stay home and receive his daily guarantee while on "light duty"?

 

[cachsux]

How would you feel about a driver who is directed to stay home and receive his daily guarantee while on "light duty"?

​Because of......?

 

[Coldworld]

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.

What about if you have the hershey squirts and you are the pot for 20-30 minutes....should you put the time down for a break or lunch then??

 

[toonertoo]

My truck weighs 10420?. right around there so it does apply to me.
If it didn't UPS told me to do it, so I do it.
I've grown to kinda like it. And the powers that be, knew there would be problems, Ive been lighter.
Instead of going out with 130, Ive been going out with 116 max, and its working fine.
Thank You FMCSA

 

[toonertoo]

What about if you have the hershey squirts and you are the pot for 20-30 minutes....should you put the time down for a break or lunch then??

I guess if you wanted to you could code it off as sick on area, its there. But if Im finishing the day, and it happens to me, its a cost of doing business.

 

[cachsux]

What about if you have the hershey squirts and you are the pot for 20-30 minutes....should you put the time down for a break or lunch then??

That never happens to me because my wife is a wonderful cook...........................................Ok, she's gone.

I have been plagued with food allergies most of my life, mostly corn and soybeans. Whenever they hit and I'm stricken with more than normal trips down the hall as we call it I'll give my sup a call and give them a heads up. Usually it's never a problem as they appreciate my continuing to work as best I can. They have to as the other option is me leaving for the day. None of this is ever coded unpaid.

 

[104Feeder]

The consensus here is that the rest period only applies to your first 8 hours on duty, not the second 8 as that would put you at 16 and you should shut down by then & the exemption only applies once per week. I guess an interpretation will follow at some point.

 

[bumped]

I had a runner in my loop today with all the closures. I knew what was going to come. Sure enough at 4:00 the green light comes on.

Sorry I can't do those pickups. I have my own to finish and then have to take my 30 minutes of continuous lunch time before 4:29. I do have 23 stops left if he has nothing to do.

 

[cachsux]

The consensus here is that the rest period only applies to your first 8 hours on duty, not the second 8 as that would put you at 16 and you should shut down by then & the exemption only applies once per week. I guess an interpretation will follow at some point.

It applies to any 8 hour stretch. 8+8 is 16, never happens except in cases of inclement weather exceptions. Now 4+1+9 is 14 an that is the max punch to punch allowed and that does happen more than some will admit.

If a driver works his first 4 hrs, takes his 1 hour lunch, and works another 8-9 hours he better take another 30 minute break by the start of that 8th hour or it is a violation, guaranteed. If he takes less than an hour lunch his 8th will begin even sooner.

It's simple to remember. If a driver works ANY 7.59 hours without a break at 8.0 hours he better begin that 30 min break.

 

[BrownArmy]

$2750

 

[Dracula]

How would you feel about a driver who is directed to stay home and receive his daily guarantee while on "light duty"?

Respect, man.

 

[104Feeder]

It applies to any 8 hour stretch. 8+8 is 16, never happens except in cases of inclement weather exceptions. Now 4+1+9 is 14 an that is the max punch to punch allowed and that does happen more than some will admit.

If a driver works his first 4 hrs, takes his 1 hour lunch, and works another 8-9 hours he better take another 30 minute break by the start of that 8th hour or it is a violation, guaranteed. If he takes less than an hour lunch his 8th will begin even sooner.

It's simple to remember. If a driver works ANY 7.59 hours without a break at 8.0 hours he better begin that 30 min break.

Well, we seem to think it's unclear and that it will be addressed later in an interpretation. The scenario in C-2 Questions & Answers – HOS Final Rule (December 2011) for CMV Drivers - Federal Motor Carrier Safety Administration seems like it would have also included a situation where you worked up to 14 hours & even 16 hours, and an additional break isn't addressed in C-5 either. I think the intention is just one break in 8 hours. Of course, the FDT is red flashing you not to complete a break just prior to 7.5 hours so if I.E. put in to do that at any 8 hour driving period I'm more than happy to comply. Until then I'll wait for the interpretation.

 

[over9five]

Well, we seem to think it's unclear and that it will be addressed later in an interpretation. The scenario in C-2 Questions & Answers – HOS Final Rule (December 2011) for CMV Drivers - Federal Motor Carrier Safety Administration seems like it would have also included a situation where you worked up to 14 hours & even 16 hours, and an additional break isn't addressed in C-5 either. I think the intention is just one break in 8 hours. Of course, the FDT is red flashing you not to complete a break just prior to 7.5 hours so if I.E. put in to do that at any 8 hour driving period I'm more than happy to comply. Until then I'll wait for the interpretation.

If anything, I would think you would take the second break (as the law is written) while you wait for interpretation.

 

[toonertoo]

We were also told for a day such as the day after the fourth, and any other day which you may sign a sheet for hours only, that if you work 6 hrs, you must take a 30.

 

[cachsux]

Well, we seem to think it's unclear and that it will be addressed later in an interpretation. The scenario in C-2 Questions & Answers – HOS Final Rule (December 2011) for CMV Drivers - Federal Motor Carrier Safety Administration seems like it would have also included a situation where you worked up to 14 hours & even 16 hours, and an additional break isn't addressed in C-5 either. I think the intention is just one break in 8 hours. Of course, the FDT is red flashing you not to complete a break just prior to 7.5 hours so if I.E. put in to do that at any 8 hour driving period I'm more than happy to comply. Until then I'll wait for the interpretation.

Even the layman's interpretation finds it hard to believe that the Feds are worried about the first break in the first 8 but are perfectly OK with no breaks in any 8 hours after.

 

[cachsux]

We were also told for a day such as the day after the fourth, and any other day which you may sign a sheet for hours only, that if you work 6 hrs, you must take a 30.

That sounds more contractual. We can work up to 5.99 without a lunch.