Package Car Drivers Now Exempt

[104Feeder]

It's always possible the FMCSA will appeal the provision that was vacated, but seeing as most of the rule that they are really concerned with was upheld I'm betting they won't. There is no mention of this in their press release News Release - Federal Motor Carrier Safety Administration and the agency is touting it as a victory which it was. Here is a link to the actual decision:

http://www.cadc.uscourts.gov/intern...18F85257BBB004DEFAD/$file/12-1092-1449738.pdf
http://www.cadc.uscourts.gov/intern...18F85257BBB004DEFAD/$file/12-1092-1449738.pdf
The section relevant to the 30 minute break period starts on page 16 and continues to the end.

Changing gears, ATA next argues FMCSA acted
arbitrarily and irrationally by failing to explain the agency’s
decision to apply the 30-minute break requirement to shorthaul drivers. See ATA Br. 50–51. This claim has far more
traction. Despite the many paragraphs scattered throughout
the multiple rulemakings distinguishing short- and long-haul
trucking both in degree and in kind, see, e.g., 2011 Final Rule
at 81,141; 2010 NPRM at 82,175; 2005 Final Rule at 49,995–
96; 2003 Final Rule at 22,482, the 2011 Final Rule contains
not one word justifying the agency’s decision to apply the
new requirement to the unique context of short-haul
operations.9
The agency responds meekly, suggesting that the
general explanation for the necessity of a 30-minute break
“applies, on its face, to short-haul as well as long-haul
drivers.” Respondent Br. 79. Because such conclusory, posthoc rationalization falls far short of what is required under
State Farm, we think the offending requirement must be
vacated. See 463 U.S. at 50.

 

[feeder05]

for all of you guys giving back 30 min to the company, thank you. I'll make sure I go even slower, and I'm in feeder, I don't know if I can go any slower...lol

 

[Old International]

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.

I guess that I can ignore the 30 minute rule also, since the farthest I go from my base is 55 miles. Isn't feeders great!!!

 

[cachsux]

All the run and guns that are happy now make about as much sense as slaves that are happy that their master bought a new whip.

 

[TooTechie]

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

Our trucks all have the DOT numbers on them. It was actually trained as part of the pretrip when I went through driver school 7 months ago.

 

[Anonymous 10]

That's Bullschitt. Damn GOP

 

[Big Babooba]

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-

I remember when all the trucks had ICC numbers on them - 116200

 

[brostalss]

Damn. I thought we were going to be exempt from being blamed for all the screw ups preload and management does. Wishful thinking.

 

[Catatonic]

That's Bullschitt. Damn GOP

Except this was crafted by a Democratic administration.

 

[Brownslave688]

Had anyone heard a word about this at work?

 

[iruhnman630]

Had anyone heard a word about this at work?

We will the next time someone sends that message saying they won't get business done.

 

[sortaisle]

Non starter for us Washington guys. We have to take meal between the 3rd and 5th hour. And I think in Oregon it's between the 3rd and 6th. State laws...yaaaaaay....But I'm all about taking my meal. I usually take it as soon as my businesses are done when I'm driving.

 

[728ups]

This was announced (quite happily i might add) at this morning's PCM.

 

[Wally]

Had anyone heard a word about this at work?

The steward could call a before work meeting to explain, but I'm afraid the runner/gunners would miss it as they are all busy sorting their loads.

 

[didyousheetit]

Except this was crafted by a Democratic administration.

I think that is what 407 is saying, dems originally crafted it but gop changed it. You know gop doesn't care if you get a break, just keep those wheels rolling baby.

 

[104Feeder]

Except this was crafted by a Democratic administration.

They've been tweaking the HOS since Bush's first term so I think there is plenty of credit or blame to go around.

 

[brownIEman]

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!

How many of them do you think really stopped because of the rule?

 

[brownmonster]

How many of them do you think really stopped because of the rule?

​In my Center, very few.

 

[over9five]

How many of them do you think really stopped because of the rule?

​In my Center, very few.

​Unfortunately, it didn't last long enough to see a few of them get fired.

 

[hellfire]

​Unfortunately, it didn't last long enough to see a few of them get fired.

Yeah.. now hopefully. It will get you fired