Am I Required To CLOCK OUT To Satisfy New 30 Minute Break Rule???

Topic 938 | Page 1

Page 1 of 2 Next Page Go To Page:
John D.'s Comment
member avatar

My company has decided that it must clock me out in order to satisfy the new DOT 30 minute break rule.

I don't see this requirement (clocking the driver out) in the actual regulations - just that the driver must be "off duty".

My company has always allowed me to take a 30 minute lunch break with pay. So I have been in 100% compliance with the intent of this (new) rule for years and years.

Now they think they have to clock me out in order for me to be in compliance.

By clocking me out for 30 minutes, and not changing my pay otherwise, this is a substantial pay cut for me.

It basically wipes out my last 3 raises, going back nearly 4 years.

My raises have averaged less than 1.5% a year for the last 6 years I have been with this company, which is less than the rate of inflation over that time - and I have never complained about this and am not complaining now.

CUTTING my pay and wiping out my last 3 raises DOES cause this dog to whine.

I have googled this issue and found lots of confusion from people - both managers and drivers.

Any help would be greatly appreciated.

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.

John D.'s Comment
member avatar

By the way everyone in my company is allowed a 30 minute lunch with pay (office workers, warehouse workers, crew members).

Old School's Comment
member avatar

John, welcome to the forum! I'm assuming you are being paid by the hour from what you've said, but correct me if that's wrong. I'm an over the road driver and all I do is put my self on either the off duty line on my logs or the sleeper berth line. If your driving job is such that you don't have to keep a log book (like within 150 mile radius) you may very well have to clock out .

Over The Road:

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.

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

Steve B.'s Comment
member avatar

Yep got to be on line 1 or 2 for 30mins in an 8hr period of on-duty time. My e-log will now only give me 8hrs and reset that 8hrs after a 30min break. After I've done my break and there is only less than 8hrs on my 11/14 hr day the clock will give me what is left to drive for the day.

John D.'s Comment
member avatar

Thanks for your response.

I do keep a log book - but I also stay within 150 miles on probably 95% of my days driving.

I start a log every single day in case I go over 100 miles (that is the critical distance we have always been told) and/or work over 12 hours. Most days I don't have to turn one in.

Can I ask what is your source for basing your answer on whether or not I keep a log book?

I assume it is just because a log book allows me to document the details of my day, which is what DOT is looking for when they come to audit us.

If that is the case, then is there some other form of documentation (other than clocking us out) to make those guys happy?

Why can't I just turn in a log book every single day whether I am required to or not?

It seems to me that the new rule could be interpreted to say that from now on all drivers must keep a log book every single day just to show that the 30 minute break was taken!

If that would satisfy them then it beats the heck out of this pay cut that I am grinning and bearing. A very small burden (relatively speaking).

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.
Old School's Comment
member avatar

John, that is exactly how I would handle this situation, were I you. Turn in a log book every day. This will satisfy the D.O.T. Now whether it satisfies your employer or not I cannot say. It would be a legal and ethical way of handling the matter though. Having been an employer for thirty years I can't imagine why they haven't come up with their own simple solution so that they could keep you happy at your job.

Old School's Comment
member avatar

Sorry I didn't specifically answer your question about why I asked you about the log book. Yes your assumption is correct. They need some form of documentation to have on file. I can only assume they chose the easiest option for them which is to have a time card showing that you clocked out. They probably don't want to have to keep up with the logs. I really don't know - you may have a better feeling for that since you work there, but a simple log book record showing you were off duty for thirty minutes or more will satisfy the law.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Brett Aquila's Comment
member avatar

Ok, as far as the new 30 minute logbook break provision, here is the statement straight from the Final ruling on logbook changes from the FMCSA :

Driving is not permitted if more than 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes. In other words, driving is prohibited if more than 8 consecutive hours have passed since a driver’s last off-duty or sleeper-berth break of at least 30 minutes; after taking such a break (or a longer one), the driver may resume driving, provided he or she does not exceed the 11-hour driving limit

So you do in fact need to be in the sleeper berth or off-duty. So if you're being paid by the hour, it would be hard to argue that the company can't make you logout for 30 minutes. It is indeed a 30 minute break. Now the ethics or "job perks" of having a paid break isn't really for me to decide - that's up to each company to handle their way. But legally they can do it, and I'm sure they're doing it not only to save money to protect themselves from DOT audits.

As far as whether or not you'll need a logbook, hopefully this will help a bit. This is taken from the FMCSA HOS Frequently Asked Questions

C-6. How would you summarize the 100 air-mile radius HOS provision in § 395.1(e)(1)?

The 100 air-mile radius exception in Part § 395.1(e)(1) is an option to use time records in lieu of RODS on days when the driver meets the conditions of the exception, which are:

- The driver operates within a 100 air-mile ( 115 statute miles) radius of the normal work reporting location, and

- The driver returns to the work reporting location and be released from duty within 12 consecutive hours, and

- The driver maintains time records as specified in the rule, and

- The driver is not covered by the "non-CDL 150 air-mile radius" provision.

C-7. May a "100 air-mile radius" driver utilize the "16-hour duty period" exception in Part § 395.1(o)?

Yes. A driver normally operating under the 100 air-mile radius exception in § 395.1(e) may also meet the requirements in § 395.1(o) enabling the driver to have one period of 16 hours on-duty each week (or after a 34-hour restart). However, on the day in which the 16-hour exception is utilized, the driver would not meet the 12-hour duty-period requirement of the 100 air-mile radius exception and would therefore be required to make a RODS for that day.

Maybe that helps, maybe it's even more confusing now. That's the government for ya smile.gif

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.

Logbook:

A written or electronic record of a driver's duty status which must be maintained at all times. The driver records the amount of time spent driving, on-duty not driving, in the sleeper berth, or off duty. The enforcement of the Hours Of Service Rules (HOS) are based upon the entries put in a driver's logbook.

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

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.

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.

HOS:

Hours Of Service

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

Thanks so much for the helpful responses.

I would love to talk personally to someone in my area who is actually responsible for enforcing DOT rules. I don't even know where to start with that. The highway patrol? A federal agency of some kind?

I mean, who would be the best official source to answer my question (I would think that it would be someone whose job it is to actually come in and audit us).

I live in a pretty big metro area (Oklahoma City), so I would think I could find someone here who could personally answer this issue matter-of-factly for me and my employer.

Thanks again!

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.
Joe S. (a.k.a. The Blue 's Comment
member avatar

I would love to talk personally to someone in my area who is actually responsible for enforcing DOT rules. I don't even know where to start with that. The highway patrol? A federal agency of some kind?

I mean, who would be the best official source to answer my question (I would think that it would be someone whose job it is to actually come in and audit us).

John D. I hope I don't burst your bubble about talking to someone. I have worked for my company for 5 years and have wanted to talk to someone in the "know" on DOT regs and laws since I started driving commercially.

On my own, I have talked to different DOT officers. What I have found out, no two officers completely agree on what the laws say.

The sad part is, a lot of the laws are open to interpretation. My company says I am off duty if I am parked waiting to pick my customers up. DOT guidelines say if I am waiting (since buses don't have sleepers) I am on duty. Depending on what officer I have talked to, is what point of view they take.

One time in NYC, DOT "downed" a bus because it's dash lights were out. They just went out as he was going through the tunnel (so the driver said). It was just turning daylight. DOT would not let him drive it to a garage. Even though it was becoming light, they had to have it towed to the garage. When I got home, I ran into a DOT officer and asked him about it. He said there is no actual regulation about that. But it can be deemed a safety hazard. Therefore, it was "downed".

So if DOT agents can't agree, how can drivers fully comply.

Good luck out there.

Joe S.

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.
Page 1 of 2 Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Dealing With The Boss Driver Responsibilities Logbook Questions Understanding The Laws
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More