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Brown Cafe UPS Forum
UPS Union Issues
No double time over 60
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<blockquote data-quote="zubenelgenubi" data-source="post: 4519000" data-attributes="member: 63706"><p><a href="https://www.fmcsa.dot.gov/regulations/title49/section/395.3" target="_blank">Regulations Section</a></p><p></p><p><strong>"Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?</strong></p><p></p><p><strong>Guidance:</strong></p><p></p><p>Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service.<strong> The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier."</strong></p><p></p><p>The company assigns which drivers will be on which rule, per DOT. Since the company is limited by the contract when they can use the 70 hour rule, they must assign all package drivers to the 60 hour rule, and going over would be a violation.</p></blockquote><p></p>
[QUOTE="zubenelgenubi, post: 4519000, member: 63706"] [URL="https://www.fmcsa.dot.gov/regulations/title49/section/395.3"]Regulations Section[/URL] [B]"Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?[/B] [B]Guidance:[/B] Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service.[B] The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier."[/B] The company assigns which drivers will be on which rule, per DOT. Since the company is limited by the contract when they can use the 70 hour rule, they must assign all package drivers to the 60 hour rule, and going over would be a violation. [/QUOTE]
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No double time over 60
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