Presentation on theme: "Presented By: Marvin Johnson & Associated, Inc. HOURS OF SERVICE."— Presentation transcript:
Presented By: Marvin Johnson & Associated, Inc. HOURS OF SERVICE
GENERAL FORM & MANNER It Must Be - Neat, Complete, Legal, Accurate & Current
Most Common Out Of Service No log and/or failing to maintain previous 7 days logs Easy money for inspectors MUST KEEP LOG CURRENT TO YOUR LAST CHANGE OF DUTY STATUS 395.8(f)(1)
Must Complete a Log Daily 395.8(a) From the day you started driving until the day you either die or retire you must complete a log every day You are always in one of four categories: –Off-duty –Sleeper –Driving –On-duty Not Driving
When Can I Be OFF-DUTY? Time during which the driver is not on-duty, is not required to be in readiness to work, or is not under any responsibility for performing work. 395.8(h)(1) a.k.a. – Is the driver free to leave the premises
On-Duty (Not Driving) Time If You Are required To Be In Attendance, You Are On-Duty 395.2
You Must Enter A Load Number or The Shippers Name & Commodity Hauled 395.(d)(11)
REMARKS Columbus, IN Full name of nearest City, Town or Village Name & State Abbreviation Must label each change of duty status 395.8(c)
LOG FALSIFICATION When the record of duty status does not match the dates, times, and/or locations of supporting documents. 395.8(e) –For example, driver fuel report shows a fuel stop at 1:15 p.m. in Indianapolis, IN, but the driver shows fueling at 4:00 p.m. Companies can be fined from $400 up to $11,000 per violation Drivers can be fined up to $2750, and can also be sent to jail
Columbus, IN Times Must Match Other Documents Use Home Terminal Time Zone 395.8(f)(8)
Supporting Document See interpretation for 395.8(k)(1) question #10 Any documents directly related to the motor carriers operation, which are maintained by the motor carrier in connection with the operations of its transportation business NOTE – this includes records generated by owner operators
Supporting Documents GPS data **NEW** Bills of lading Carrier profile Dispatch records Weight/scale tickets Drug/alcohol test chain of custody form Fuel receipts or reports Toll receipts Roadside inspections Accident reports Payroll records Comchecks Repair receipts Traffic citations
FMCSA Policy on Advanced Technology Effective Dec. 19, 2008 – FMCSA can now request GPS data such as Qualcomm, PeopleNet, etc. GPS records are supporting documents –Must be retained for six months
How can I get the required 10 consecutive hour break? 395.1(g)(A)(1)-(3) 10 consecutive hours Off-Duty 10 consecutive hours in Sleeper Berth OR a combination of the two totaling 10 consecutive hours Cannot be interrupted by any driving or on-duty not driving periods
Sleeper Berth Provision Can split the 10 hours into 2 periods –One period must be in sleeper berth for at least 8 consecutive hours –Separate period of at least 2 hours (but less than 10) can be sleeper berth, off- duty, or any combination of both MUST have sleeper berth to use 395.1(g)(D)(ii)(A)(1)-(2)
STOP DRIVING 11-Hour Rule 395.3(a)(1): A maximum of 11 hours driving, after which a driver must have at least 10 consecutive hours off duty before he/she can drive again.
395.1(b)(1): Adverse Driving Conditions Allows driver to extend 11 hour rule up to an additional 2 hours Could not have known of conditions at time of dispatch Must have been able to complete trip within 11 hours absent the conditions Still does not extend the 14 hour limit
STOP DRIVING 14-Hour Rule 395.3(a)(2): No driving for any period after the end of the 14 th hour after coming on duty following 10 consecutive hours off duty.
STOP DRIVING 70-Hour Rule 395.3(b)(2): A maximum of 70 hours on duty in any 8 consecutive days. ONCE A DRIVER REACHES THESE LIMITS, HE/SHE CANNOT DRIVE.ONCE A DRIVER REACHES THESE LIMITS, HE/SHE CANNOT DRIVE.
34-Hour Restart 395.3(c)(2) The 70 hour total can be restarted back to zero by taking 34 consecutive hours off duty –Can be off-duty, sleeper berth, or a combination of the two –Cannot be interrupted by any period of driving or on-duty not driving –Can be started at any time
Calculating the 11 Hour Total 395.1(g)(1)(ii)(B) The only time you gain a full 11 hours available to drive is after taking at least 10 consecutive hours off When splitting the 10 hours of rest: –The driving period before the sleeper berth period is added with the driving period after the sleeper berth period –When added together these two driving periods cannot exceed the 11 hour limit
10 11 2 8 65 Two driving periods cannot exceed 11 hours
Calculating the 14 Hour Rule 395.1(g)(1)(ii)(C) Once you come on-duty the only way to stop and reset the 14 hour clock is to take at least 10 consecutive hours off Time spent taking 10 consecutive hour break does not count towards the 14 hour total No driving beyond the 14 th hour after coming on- duty O.K. to do non-driving work beyond the 14 th hour
Calculating the 14 Hour Rule When Splitting 10 Hour Break The time spent in any 8 hour sleeper berth period does not count towards the 14 hour total 395.1(g)(D) All time spent in a rest period of less than 8 hours will count towards the 14 hour total
Begin counting at 1:00 am. Count up to beginning of 8 hour sleeper at 5:00 am. Add to period starting at 1:00 pm and ending at 8 pm (the beginning of the 2 nd rest period) Cannot drive after the 14 th hour after coming on duty.
Step 1 - Begin counting at 1:00 am, and count everything (including the small rest period) up to the beginning of the 2 nd rest period at 3 pm. No driving after the 14 th hour in this period. Step 2 – Recalculate from the end of the 1 st rest period (10:00 am). Count from 10:00 am to 3:00 pm. (the beginning of 2 nd rest period) Add to period starting at end of 2 nd rest period (11:00 pm) and ending at beginning of next period.
By taking 10 consecutive hours off the driver breaks the split cycle and has a full 11 hours to drive starting at 9:00 am on day #2
7 3 14 hour violation 11 hour violation In this example, we had 10 consecutive hours off- duty before starting to drive at midnight. The 7 and 3 hour sleeper periods count towards the 14 hour total. The improper splitting of the 10 hour break leads to both an 11 and a 14 hour violation.
Exemptions to the Rules 16 Hour Short Haul Exemption 100 Air Mile Radius Exemption Short Haul Exemption
16 Hour Short Haul Exemption A property-carrying driver is exempt from the requirements of § 395.3(a)(2) (the 14 hour rule) if:§ 395.3(a)(2) The driver has returned to the drivers 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; 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; and 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 §395.3(c).§395.3(c)
100 Air-mile Radius Exemption 395.1(e)(1) Many drivers think that this exempts them from having to count this trip in 60/70 hour –NOT CORRECT Only exempts drivers from completing a ROD for that time – still has to account for the on-duty time and turn in record Applies to vehicles that require a CDL to operate
100 Air-mile Exemption Criteria 395.1(e)(1) 1.Operate within 100 air-mile radius of normal work reporting location 2.Return and released from duty within 12 consecutive hours 3.At least 10 consecutive hours off duty separate each 12 consecutive hours on duty 4.Driver does not exceed 11 hours driving
Required Records Time driver reports for duty each day Total number of hours on duty each day Time driver released from duty each day Total time for the preceding 7 days for drivers used the first time or intermittently Retain for 6 months
See questions #16 and 17 in the interpretations for 395.1 for guidance.
Short Haul Exemption 395.1(e)(2) Only applies to NON-CDL vehicles who do the following: –Operate within 150 air-miles of normal work reporting location –Return to normal work reporting location at end of duty tour –Has at least 10 consecutive hours off duty separating each on-duty period –Driver does not drive more than 11 hours following at least 10 consecutive hours off-duty
Requirements of Short Haul Exempt. Continued The driver does not drive: –After the 14 th hour after coming on duty on 5 days of any 7 consecutive days; and –After the 16 th hour after coming on duty on 2 days of any period of 7 consecutive days 60/70 hours in 7/8 days Still eligible for 34 hour restart Time records can be used instead of logs Drivers meeting these conditions are not eligible for the existing 100 air-mile exemption