HOS -WHEN TO TAKE MY 30MINS

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mountain girl's Comment
member avatar

Hey Everyone,

I'm being told at work that I must take my 30-min break between certain hours of driving, i.e., between the 5th and 7th hour, or something like that.

Is this true?

I thought, as long as I took my break before the 8th hour started, WHEN I took it was at my discretion.

I can neither find this supposed prevision or amendment in my FMCSR nor on the DOT website.

To keep it simple, I make no stops along the way for delivery, etc. I just drive, drop, and swap.

Please lemme know if this is true and where to find it written in the green book or on the DOT website.

Thanks.

-mountain girl

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.

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.

Fm:

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.
Old School's Comment
member avatar

That is not in the regulations. It sounds more like a policy the company instituted to keep drivers who don't know what they're doing from messing up by taking it so early that they are forced to take another break, or from waiting so long that they can't find a place to park.

Bryn J.'s Comment
member avatar

OS, thought you where going to bed...

smile.gif

Old School's Comment
member avatar

Ha! I can never sleep when Mountain Girl needs my advice!

Good night now!

Old School's Comment
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And by the way Bryn, it's nice to see you're paying attention!

LDRSHIP's Comment
member avatar

To make it simple you have 11 hours total drive time and you must take a 30 min break by 8 hours being up. If you take your break before 3 hours; then, you will have to take a second 30 min break. The reason for the between 5 and 7 is just to make sure you don't require a 2nd 30 min break and to ensure you don't wear yourself thin.

I usually shoot for my break between 5 and 6 hour mark. That is halfway during my total available drive time. Then again I rarely have runs over 6 hrs straight. So a lot of times I use my down time at shipper/receivers to take care of my 30 min break.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

Rick S.'s Comment
member avatar

Direct from FMSCA Interstate Truck Drivers Guide To Hours Of Service:

(pages 4/5)

Thirty Minute Break

The hours-of-service regulations require that if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-dutybreak of at least 30 minutes before driving. For example, if the driver started driving immediately after coming on duty, he or she could drive for 8 consecutive hours, take a half-hour break, and then drive another 3 hours for a total of 11 hours. In another example, this driver could drive for 3 hours, take a half-hour break, and then drive another 8 hours, for a total of 11 hours. Because of this short break provision, drivers are able to work 13.5 hours in the 14-hour period (if they are driving after the 8th hour on duty). The driver must be off duty for at least a half hour. Meal breaksor any other off-duty time of at least 30 minutes qualifies as a break. This time does count against the 14-hour driving window, as allowing off-duty time to extend the work day would allow drivers to drive long past the time when fatigue becomes extreme. In addition, FMCSA has also added an exception for drivers of commercial motor vehicles carrying Division 1.1, 1.2, or 1.3 explosives to allow them to count on-duty time spent attending the commercial motor vehicle , but doing no other on-duty work, towards the break. This 30-minute break is further explained in greater detail throughout this document, particularly as it relates to the 11-hour driving rule.

FMCSA does not enforce the 30-minute rest break provision [49 CFR 395.3(a)(3)(ii)] against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e) (1) or (2). Specifically, the following drivers are not subject to the 30-minute break requirement:

This exception (395.1(e)(1)) applies for any day in which a driver: • Drives within a 100 air-mile radius of his/her normal work reporting location;

• Returns to his/her work reporting location and is released within 12 consecutive hours; and

• Follows the 10-hour off-duty and 11-hour driving requirements for property-carrying CMVs.

Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2) are also exempt from the 30-minute rest break.

Entire Guidebook can be downloaded here:

23 Pages - lots of good info...

Hours Of Service PDF

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.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    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.

    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

    Interstate:

    Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

    Fm:

    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.

    HOS:

    Hours Of Service

    HOS refers to the logbook hours of service regulations.

    OWI:

    Operating While Intoxicated

Rick S.'s Comment
member avatar

But - in a nutshell (readers digest condensed version) - you cannot be "on duty" (driving or otherwise) for more than 8 hours continuous, without splitting it with a 1/2 hour break.

So say you drive for an hour from the TS to a receiver to do a drop and hook - they make you wait for an hour and you go off duty for that 1 hour, then go back on duty to do your drop/hook and start driving again. When you start driving you are in hour 2 of your 11 hours - with 10 hours left to drive on your 11 hour clock, and 12 hours left on your 14 hour clock (REMEMBER your 14 and it DIDN'T STOP when you went off duty for an hour) - You will have to stop again at some point and go off duty for 1/2 hour BEFORE you hit your 8th hour since you left the drop/hook.

Kinda confusing - but not REALLY.

Rick

Drop And Hook:

Drop and hook means the driver will drop one trailer and hook to another one.

In order to speed up the pickup and delivery process a driver may be instructed to drop their empty trailer and hook to one that is already loaded, or drop their loaded trailer and hook to one that is already empty. That way the driver will not have to wait for a trailer to be loaded or unloaded.

mountain girl's Comment
member avatar

That is not in the regulations. It sounds more like a policy the company instituted to keep drivers who don't know what they're doing from messing up by taking it so early that they are forced to take another break, or from waiting so long that they can't find a place to park.

-Old School

Ok. Cool.

Ha! I can never sleep when Mountain Girl needs my advice!

Good night now!

-Old School

Charmed, I'm sure! Thanks, OS.

Rick S.,

Thank you for all that. And I do get the whole log thing. YOU know I've been driving and "logging" for over two years.

I DO appreciate your description of how one might end up having to take a second 30 mins.

They've been telling me I'd get a ticket for this if a cop saw it because it was "amended that way and my doing so was a DOT violation."

It sounded so wrong, yanno?

Thank you, Gentlemen.

-mountain girl

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.

Rick S.'s Comment
member avatar

Rick S.,

Thank you for all that. And I do get the whole log thing. YOU know I've been driving and "logging" for over two years.

I DO appreciate your description of how one might end up having to take a second 30 mins.

They've been telling me I'd get a ticket for this if a cop saw it because it was "amended that way and my doing so was a DOT violation."

It sounded so wrong, yanno?

Thank you, Gentlemen.

-mountain girl

I know you "get the whole log thing" - and I'm surprised the QC doesn't track this mandatory event also.

Most of the stuff in my first post - was for the benefit of folks that don't know how the "1/2 hour mandatory in 8 hour window" break works (remember - this board is read mostly by newbies).

Pretty much everyone takes a meal or bathroom break at some point in their 11 hour drive time. As long as it occurs past the 2.75 hour of driving mark in your day - and you log it as OFF DUTY - you can't screw it up too badly (aka: you will always be in compliance).

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.

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