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UPS Union Issues
Terminated for DOT violation (working over 14 hrs)
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<blockquote data-quote="pickup" data-source="post: 1058583"><p><strong>(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of Sec. 395.3(a)(2) if:</strong><strong>(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; (2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty</strong>; <strong>and (3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by Sec. 395.3(c). </strong></p><p></p><p>395.3(a)(2) is the 60/70-hour rule, and 395.3(c) is the 34-hour restart. If the driver is using this exception then he/she must return to the home terminal before the 16th hour, and it may only be used once per week. So essentially you are correct in that you can't use it to make a delivery unless you can legally return to the home terminal withing that time frame, and have done so every day for the previous 5-days. As a general rule, only a local driver may use this as an OTR driver usually doesn't return to the home terminal every day.</p><p></p><p>That's what Orangputeh referred to.</p><p></p><p>In my feeders department, if you do this and you go over 14, the next day you are generally off anyway (if you are scheduled to work that day)as you can't make your start time. So Original poster, looks like in effect, the same thing happened to you:Just a lot more sweating and worry involved. </p><p></p><p>I would fight this suspension letter. But that is up to you.</p></blockquote><p></p>
[QUOTE="pickup, post: 1058583"] [B](o) Property-carrying driver. A property-carrying driver is exempt from the requirements of Sec. 395.3(a)(2) if:[/B][B](1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; (2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty[/B]; [B]and (3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by Sec. 395.3(c). [/B] 395.3(a)(2) is the 60/70-hour rule, and 395.3(c) is the 34-hour restart. If the driver is using this exception then he/she must return to the home terminal before the 16th hour, and it may only be used once per week. So essentially you are correct in that you can't use it to make a delivery unless you can legally return to the home terminal withing that time frame, and have done so every day for the previous 5-days. As a general rule, only a local driver may use this as an OTR driver usually doesn't return to the home terminal every day. That's what Orangputeh referred to. In my feeders department, if you do this and you go over 14, the next day you are generally off anyway (if you are scheduled to work that day)as you can't make your start time. So Original poster, looks like in effect, the same thing happened to you:Just a lot more sweating and worry involved. I would fight this suspension letter. But that is up to you. [/QUOTE]
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Terminated for DOT violation (working over 14 hrs)
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