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Hos without driving?

Topic 17717 | Page 1

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Matt 's Comment
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If I were to drive one day out of a week . But work elsewhere until that time do no have to comply with the hours of service ? Your only allowed to work so.many hours correct?

Rick S.'s Comment
member avatar

Give us a little more detail on this scenario. If you work for an employer, but only drive for that employer 1 day a week - all time working for that employer is considered ON DUTY time - goes for your 70 and your 10 hour break. You could work 24 hours in a row for that employer - but you'd better be OFF DUTY for 10 hours before you get behind the wheel of a truck on go ON DUTY/DRIVING.

Technically/legally - if you have another job (even a non-driving job) you are supposed to be off for 10 hours before driving a CMV. I can look up the 49 CFR reg - but I'm 90%+ sure this is the case.

Remember the Walmart driver who got in the accident and almost killed Tracy Morgan in NJ. He had driven in from his home in Georgia to Delaware to grab his rig - didn't sleep and was 13 hours into his 14 hour clock (had been awake 28 hours straight) when he dozed off at the wheel.

Rick

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
Rick S.'s Comment
member avatar

This is actually covered in the High Road Training Program section on HOS.

ANY TIME WORKING - even for a different NON TRUCKING EMPLOYER is considered ON DUTY TIME for the purposes of HOS , and "technically" has to be logged as such.

Again - the object is to make sure you are WELL RESTED (at least 10 hours) BEFORE you get behind the wheel of a CMV.

Now - can you LIE and squeak it out on your logs. But if you run over that soccer mom and her van full of kids - and they find out you worked an 8 hour shift at the deep fryer of the Micky-D's, then jumped behind the wheel of your rig - YOU ARE GOING TO JAIL.

Rick

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Matt 's Comment
member avatar

Thank you this is exactly what I needed to know. The two employers was the scenario I was focusing on. I appreciate the help and info!

Rick S.'s Comment
member avatar

Thank you this is exactly what I needed to know. The two employers was the scenario I was focusing on. I appreciate the help and info!

We don't hear this (potential) scenario often here - because pretty much everyone here is full time OTR.

I'm not even sure how you would log this kind of thing "legally" on E-Logs. You'd probably have to log into the QC and do a log edit - put in the On Duty Times from the other employer - approve it - then call the logs department.

The other "exception" would be, to not have to keep a log AT ALL - the "100 Air-Mile Radius Exception" - where you never get more than 100 miles from the place you report to work. You STILL have to conform to the 11 hours driving/10 hours rest - you just don't keep logs.

But again- LEGALLY - if you're working another job, and DO NOT HAVE 10 hours rest BEFORE YOU DRIVE - and you get in an accident - you WILL GET JAMMED UP.

Rick

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

G-Town's Comment
member avatar

No...

double-quotes-start.png

Thank you this is exactly what I needed to know. The two employers was the scenario I was focusing on. I appreciate the help and info!

double-quotes-end.png

We don't hear this (potential) scenario often here - because pretty much everyone here is full time OTR.

I'm not even sure how you would log this kind of thing "legally" on E-Logs. You'd probably have to log into the QC and do a log edit - put in the On Duty Times from the other employer - approve it - then call the logs department.

The other "exception" would be, to not have to keep a log AT ALL - the "100 Air-Mile Radius Exception" - where you never get more than 100 miles from the place you report to work. You STILL have to conform to the 11 hours driving/10 hours rest - you just don't keep logs.

But again- LEGALLY - if you're working another job, and DO NOT HAVE 10 hours rest BEFORE YOU DRIVE - and you get in an accident - you WILL GET JAMMED UP.

Rick

Many of the mega-carriers allow for experienced part-time or casual drivers and account for their time when not working "for them" with a "Driver Time Worked Statement" (DOT 395.8 J 2 ). It's a form that every driver should fill-out when starting a new job or accounting for periods of time-off exceeding 7 days. The document is signed by the driver and a company witness and is a legal/formal record. This is then posted to the electronic HOS record of that driver and becomes a supplementary piece within the driver's e-log records.

You cannot and should not apply on-duty time from the other employer into the e-log system of the company you are driving for. Driver editing the e-logs is not possible once they are approved.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Rick S.'s Comment
member avatar

Many of the mega-carriers allow for experienced part-time or casual drivers and account for their time when not working "for them" with a "Driver Time Worked Statement" (DOT 395.8 J 2 ). It's a form that every driver should fill-out when starting a new job or accounting for periods of time-off exceeding 7 days. The document is signed by the driver and a company witness and is a legal/formal record. This is then posted to the electronic HOS record of that driver and becomes a supplementary piece within the driver's e-log records.

You cannot and should not apply on-duty time from the other employer into the e-log system of the company you are driving for. Driver editing the e-logs is not possible once they are approved.

So how would this work in the OP scenario?

Every week when you go to drive (which he says is only one day a week) - you would do a 395.8 J2, to cover the preceding 7 day period? How would that work if you, say, worked 2 days (non-consecutive)?

Unfamiliar territory here - since everyone pretty much has one job - driving - for one carrier.

Thanks for the heads up...

Rick

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
G-Town's Comment
member avatar

double-quotes-start.png

Many of the mega-carriers allow for experienced part-time or casual drivers and account for their time when not working "for them" with a "Driver Time Worked Statement" (DOT 395.8 J 2 ). It's a form that every driver should fill-out when starting a new job or accounting for periods of time-off exceeding 7 days. The document is signed by the driver and a company witness and is a legal/formal record. This is then posted to the electronic HOS record of that driver and becomes a supplementary piece within the driver's e-log records.

You cannot and should not apply on-duty time from the other employer into the e-log system of the company you are driving for. Driver editing the e-logs is not possible once they are approved.

double-quotes-end.png

So how would this work in the OP scenario?

Every week when you go to drive (which he says is only one day a week) - you would do a 395.8 J2, to cover the preceding 7 day period? How would that work if you, say, worked 2 days (non-consecutive)?

Unfamiliar territory here - since everyone pretty much has one job - driving - for one carrier.

Thanks for the heads up...

Rick

Hey Rick, yes each time the OP reported to work for driving he would be required to fill out the hours worked for the previous 7 days, sign and have a company representative sign as a witness.

I will confirm the process for reporting 2 or more non-consecutive days of driving PT,...but I think it still applies.

This form coincides with HOS rule CFR 395.8.

Thx G

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
G-Town's Comment
member avatar

One additional data point; all but one of the DMs at the DC drives. Our safety director and one of the planners also drive PT.

Every time they report for a planned load, they are required to comply with the hours worked form and process, even though they are Swift employees.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Susan D. 's Comment
member avatar

What we do at my company is to do paper logs on any work performed away from the truck and submit them to our log compliance person who will then add that information to the elogs.

It's rare, but say I'm home for a weekend and a friend of mine who owns a bar is shorthanded and asks me to help out... that's how I've handled it. Your company policy may be different. We are not allowed to edit any logs ourselves, but log compliance or fleet managers (our DMs boss) can edit and amend logs.

Elog:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

Elogs:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fleet Manager:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
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