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UPS Union Issues
Will UPS use the 70 hour rule this peak season
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<blockquote data-quote="Mugarolla" data-source="post: 3849366" data-attributes="member: 8481"><p>No process.</p><p></p><p>Per the DOT, UPS can follow either, and it is just up to UPS which rule to assign drivers to.</p><p></p><p>FMCSA guidance questions and answers to the HOS rules.</p><p></p><p><strong><em>Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?</em></strong></p><p></p><p><strong><em>Guidance:</em></strong></p><p><em></em></p><p><em>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. 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.</em></p><p><em></em></p><p><strong><em>Question 3: May a carrier which provides occasional, but not regular service on every day of the week, have the option of the 60 hours in 7 days or 70 hours in 8 days with respect to all drivers, during the period in which it operates one or more vehicles on each day of the week?</em></strong></p><p></p><p><strong><em>Guidance:</em></strong></p><p><em></em></p><p><em>Yes.</em></p><p></p><p><strong><em>Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?</em></strong></p><p></p><p><strong><em>Guidance:</em></strong></p><p><em></em></p><p><em>If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60-hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations.</em></p></blockquote><p></p>
[QUOTE="Mugarolla, post: 3849366, member: 8481"] No process. Per the DOT, UPS can follow either, and it is just up to UPS which rule to assign drivers to. FMCSA guidance questions and answers to the HOS rules. [B][I]Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?[/I][/B] [B][I]Guidance:[/I][/B] [I] 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. 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. [/I] [B][I]Question 3: May a carrier which provides occasional, but not regular service on every day of the week, have the option of the 60 hours in 7 days or 70 hours in 8 days with respect to all drivers, during the period in which it operates one or more vehicles on each day of the week?[/I][/B] [I][/I] [B][I]Guidance:[/I][/B] [I] Yes.[/I] [B][I]Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?[/I][/B] [B][I]Guidance:[/I][/B] [I] If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60-hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations.[/I] [/QUOTE]
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