HOS With A Cdl Permit Holder

Topic 20835 | Page 1

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John B.'s Comment
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Hey I work for a food service delivery company and we run on a 60 hour clock mon-Fri. Just wondering if it's legal for a permit holder to drive me around on Friday to deliver if I'm out of hours for the week?

I've searched everywhere I can think of online and asked all my buddy's but no one can give me a for sure answer?

Susan D. 's Comment
member avatar

The only thing I know for sure is a permit holder must have a licensed driver who has the same class of license.

In some states, a permit holder cannot pull a loaded trailer but some companies have received exemptions from that, and some company sponsored schools can have their trainees driving loads OTR while the TRAINER is ASLEEP in the bunk.. for example CR England has an exemption for that. Scary stuff indeed.

If in doubt, I'd call a DOT officer and ask him or her.

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.

Big Scott's Comment
member avatar

What does your company say? I would think you would have to have hours to take over in a situation the student can't drive.

Patrick C.'s Comment
member avatar

So basically, you want someone with little to no experience handling a semi truck to "drive you around" in a local delivery situation. Do I need to go into what is obviously wrong with that.

IMHO, if it looks like a duck, walks like a duck, and quacks like a duck; well, it's a Duck! There is so much wrong with what you are inherently asking, the fact that you are even thinking it may be ok.....

First, a lot of states do not allow CLP holders to have a loaded trailer.

Second, what in the world makes you think it is even remotely a good idea to have someone with nearly no experience maneuvering a tractor trailer in a local driving situation.

Personally, I think you are either a) looking to get property destroyed or b) looking to get someone killed.

My advice, learn to manage your clock better.

CLP:

Commercial Learner's Permit

Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

G-Town's Comment
member avatar

Not sure what the benefit is. I think there is a lot of missing information here. Although I don't want to hastily jump to the wrong conclusion, I tend to agree in principal with Patrick.

If the CLP holder has no previous experience and/or training than absolutely my question is: "are you nuts?"

CLP:

Commercial Learner's Permit

Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

Old School's Comment
member avatar

It's possible his employer is asking him to do this - unfortunately he didn't clarify that. It certainly is legal, although perhaps not prudent.

Anybody running this type of trucking job is going to have difficulties with their time management. There is usually way more to get done than 60 hours allows. These jobs are tricky. They pay well, require a lot of hussle, and have issues that can cause unexpected delays.

Patrick C.'s Comment
member avatar

Let's be honest, we in general don't recommend rookie drivers with a license to do these type of jobs. Asking someone who either a) hasn't completed the usual training to get a license or b) can't pass the test to perform this type of driving; well, it is kinda insane. I guess if you told us the CLP holder used to drive trucks for many years and let his/her CDL lapse and is getting back into trucking, it would be a different story. But, Joe Schmoe off the block, no way!!!

Also remember, if something were to happen you could be held liable as the licensed driver in that vehicle. I am fairly sure you would be required to be on-duty to show you are instructing said individual. Granted the way the rules are written you can technically be on duty pass your allotted hours; however, if you were caught behind the wheel of that tractor (even performing a backing maneuver) after you are past your 60, you would be fried where you stood.

I guess the more poignant question to ask is: if something goes wrong, is it worth your career and/or license?

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.

CLP:

Commercial Learner's Permit

Before getting their CDL, commercial drivers will receive their commercial learner's permit (CLP) upon passing the written portion of the CDL exam. They will not have to retake the written exam to get their CDL.

Old School's Comment
member avatar

I completely agree with Patrick. I don't think the legality of it is in question for us - it's legal. It's the practicality of it that we would question. That is why I am wondering if it is the employer's idea. Having been in those shoes for many years, I understand the mindset of almost being willing to do anything just to get the job done. Sometimes the eagerness to get something accomplished hinders the ability to recognize the hazards of going full steam ahead at all costs.

HOS:

Hours Of Service

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

I will just state that I am a permitted CDL holder. I say HOLDER. I have never been inside a truck, cranked a truck or drove a truck. Your question has a lot of open ends to it.

But seriously, I would not want me rolling in the road.

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.
Rob's Comment
member avatar

I am doing local food service delivery and I just completed week 6, of my 12 week training program. The company I am with paid for my schooling to obtain my license (which I passed on August 18th). Even though I have my license there are still a few stops we have that I am unable to get the truck into at this point. Legally you'd be ok having that person drive but it comes down to like Patrick said. If you were to hit anything while backing you'd be in a whole lot of trouble for either violating HOS or driving on their log book. If I were in your shoes I would explain my feelings to my supervisor/manager.

The biggest downside of these jobs is sitting around and waiting for customers to arrive so we can deliver. Yesterday I had to sit and wait for 3 hours because customers weren't there, I know that doesn't seem like alot to most OTR reefer drivers..... but we're constantly maxing out our hours, typically using our 16 hr Exemption every week, and when we have to sit and wait just makes ya hustle even more as they had ya scheduled for a 12 to 13 hour day to begin with, without factoring in any delays.

Personally, after my contractual obligation of 1 year is up I will likely see what other local positions I can get into. I love the company I work for but i don't see lumping groceries down the ramp as a career for me. I do not regret my decision to start in food service but if anyone reading this is thinking that its a perfect opportunity please consider this. Old school, Brett and others have posted numerous replies regarding it and they've been spot on about difficulty of backing and dealing with alot of traffic in tight areas. If you are considering it watch a food service guy (or woman) unload their truck some time. If there's interest id be more than happy to start a diary over in other section of forum about my day to day activities of next week. Granted, I'm still in training but it may help someone considering the career

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.

Reefer:

A refrigerated trailer.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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