Package Car Drivers Now Exempt

Babagounj

Strength through joy
I did not see where this article refers to PC drivers .
" The “small exception” in the case is a new rule in 49 CFR §395.3 requiring all interstate drivers of property-carrying vehicles to take a 30-minute rest break at least every 8 hours. "
This refers to interstate drivers not intrastate drivers.
 

superballs63

Well-Known Troll
Troll
I did not see where this article refers to PC drivers .
" The “small exception” in the case is a new rule in 49 CFR §395.3 requiring all interstate drivers of property-carrying vehicles to take a 30-minute rest break at least every 8 hours. "
This refers to interstate drivers not intrastate drivers.

I didn't either, so I went back and read it and found this quote

"The court said the only portion of the new rules that cannot stand is the requirement for short-haul drivers — those who work locally and return home every day — to take a 30-minute rest break every 8 hours."

So, maybe it did happen. Hmm, if it's still there for us to follow, I will.... if it's gone, it won't effect me too much
 

over9five

Moderator
Staff member
I did not see where this article refers to PC drivers .
" The “small exception” in the case is a new rule in 49 CFR §395.3 requiring all interstate drivers of property-carrying vehicles to take a 30-minute rest break at least every 8 hours. "
This refers to interstate drivers not intrastate drivers.

The FMSCA defines it as involved in interstate commerce, not necessarily driving interstate.
 

scratch

Least Best Moderator
Staff member
I was hoping they would shut the DIADs down completely on a national scale for 30 minutes at least. This sounds like somebody got some money under the table.
 

BigUnionGuy

Got the T-Shirt
It would confirm, why a compliance officer told a new package car steward it didn't apply to pkg car drivers.

Do you remember when pkg cars had DOT numbers on them ?



-Bug-
 

728ups

All Trash No Trailer
I view this as PC drivers still falling under the law as I am an Intrastate Driver:
  • within one state: existing or occurring within the boundaries of a single state
 

Cementups

Box Monkey
So sad that any rule like this even has to be made. I mean, damn, my 30 minute lunch is my favorite part of the day. Sometimes I even extend it.
 

over9five

Moderator
Staff member

Overpaid Union Thug

Well-Known Member
I noticed that the only people in my center that had any issues with this was the ones that are known lunch skippers or ones that wait until they are completely finished with their routes before they take lunch. That amazes me.
 

soberups

Pees in the brown Koolaid
HOS case finally decided - Transportation, Safety, Human Resources Compliance - J. J. Keller & Associates

As you can see by this article, as of yesterday, package car drivers are exempt from the section of HOS rules pertaining to having a 30 minute period off after 8 hours. So fear not, burners, you can get back to doing what you love: working for free!

I'm not a burner and there is no way in hell that I will work for free.

I will say that during the last week or two of peak when I'm going to be working 59.99 hours anyway, my normal routine is to combine my two breaks into a short meal period and enter "lunch 12:00-12:00" in the DIAD.

It boils down to a choice of whether I would rather get home at 9:30 at night or 10:00 at night. I would prefer to get home half an hour earlier so that I can eat dinner and get enough sleep to deal with the 12 hour day I will be working tomorrow.

I'm not working off of the clock and I'm not being dishonest or falsifying my timecard. Some may disagree with this approach and thats fine but its what I have done for the last week or two of peak for the last 25 years. Sometimes management complains about it, but I ignore them. One year, I even got a warning letter...but they conveniently waited until Christmas Eve to issue it which meant that there was no further need for me to skip my lunch anyway. 9 months later in September the letter went away, leaving me free to repeat my actions the following peak.
 

Buck Fifty

Well-Known Member
I'm not a burner and there is no way in hell that I will work for free.

I will say that during the last week or two of peak when I'm going to be working 59.99 hours anyway, my normal routine is to combine my two breaks into a short meal period and enter "lunch 12:00-12:00" in the DIAD.

It boils down to a choice of whether I would rather get home at 9:30 at night or 10:00 at night. I would prefer to get home half an hour earlier so that I can eat dinner and get enough sleep to deal with the 12 hour day I will be working tomorrow.

I'm not working off of the clock and I'm not being dishonest or falsifying my timecard. Some may disagree with this approach and thats fine but its what I have done for the last week or two of peak for the last 25 years. Sometimes management complains about it, but I ignore them. One year, I even got a warning letter...but they conveniently waited until Christmas Eve to issue it which meant that there was no further need for me to skip my lunch anyway. 9 months later in September the letter went away, leaving me free to repeat my actions the following peak.

I like the way you play the game .
 
Not if your center is a bonus center like mine. I can skip my lunch get home to be with my family and get paid for it or I can take my hour and still get a half hour of bonus. What now!
 

overallowed

Well-Known Member
I view this as PC drivers still falling under the law as I am an Intrastate Driver:
  • within one state: existing or occurring within the boundaries of a single state
Packages you deliver traveled interstate. Not saying this the clause that lets this practice stand, but it could be viewed as such. Your view might be correct if everything you deliver came from within your state. Just trying to throw some wood on the fire.
 

Shifting Contents

Most Help Needed
A short-haul driver is defined by FMCSA as one who either operates a vehicle that does not require CDL or who operates withing a 150-mile radius of the location where the driver reports to and is released from. We are short haul drivers, interstate, outta state or intrasrate does not matter.


I referencing the article linked in the other thread.
 
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