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Archive through May 19, 2010

Reality TVClubHouse Discussions: General Discussions ARCHIVES: May 2010 ~ August 2010: The only Dumb question is the one not asked (Q&A): Archive through May 19, 2010 users admin

Author Message
Serate
Member

08-21-2001

Sunday, May 16, 2010 - 11:09 am   Edit Post Move Post Delete Post View Post Send Serate a private message Print Post    
To an extent driving is common sense, so would be the same in all states. But technically, every state has its own rules.

Yes this is true. But if you have a boss that is basically telling you drive this many hours or you will lose your job, in this day and age common sense might be thrown out the door. So it's good to know the "rules" so if you do get fired for refusing to drive unsafely, you will have something to back you up for unemployment, and even possibly a lawsuit.

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 11:22 am   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
Sorry, no its the same that Ive read before. My boss has me along with 3-4 other drivers working the night shift of maybe 4 hours, and is now going to make us all come in at 9:00 am when we dont get off work until 1:00, 1:30, or 2:00 AM. Before we would come in when we were rested IF WE WANTED TOO, but now since we are busy we HAVE TO work a split shift. I cannot find if this is legal. They have already ran me once illegal for the 60/ 7 day rule, 70/ 8 day rule, and no 10 consecutive hours off after working 14 hours. This was 2 times almost back to back. And now this. Aaarrrrgggg!!!

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 11:30 am   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
The average concrete load takes 2-3 hours from and to the plant, so even if I did come in at 9:00 after 7 hours off, worked 9:00 to 12:30 (includes time to was out and fuel) i would still not get my 10 consecutive hours off because I would have to be back on the night shift at 9:30pm. And with the jobs we have tomorrow is over 3 hours per load AND a possible 2 or 3 loads to take....

Kitt
Member

09-06-2000

Sunday, May 16, 2010 - 11:39 am   Edit Post Move Post Delete Post View Post Send Kitt a private message Print Post    
Are you able to anonymously report your company to some kind of inspector? You'd have to be pretty sure you wouldn't be named (or suspected) for reporting it, but it might change things for a while at least. The rules are there for everybody's safety, yours and other road users, so they should be adhering to them.

Costacat
Member

07-15-2000

Sunday, May 16, 2010 - 11:59 am   Edit Post Move Post Delete Post View Post Send Costacat a private message Print Post    
I think a split shift is different than a full shift followed by another with less than 8 hours off.

I just googled around and it looks like 11 cumulative hours followed by 10 hours off. Check out http://www.ehow.com/list_6123199_labor-laws-truck-driving.html and click thru some of the links towards the bottom of the page.

Looks like:

§395.3 Maximum driving time for property-carrying vehicles.

Subject to the exceptions and exemptions in §395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:

(a)(1) More than 11 cumulative hours following 10 consecutive hours off-duty; or

(a)(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).

(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after —

(b)(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

(b)(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or

(c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

[57 FR 33649, July 30, 1992, as amended at 60 FR 38748, July 28, 1995; 68 FR 22516, April 28, 2003; 70 FR 50071, Aug. 25, 2005; 72 FR 71270, Dec. 17, 2007]

Juju2bigdog
Member

10-27-2000

Sunday, May 16, 2010 - 1:22 pm   Edit Post Move Post Delete Post View Post Send Juju2bigdog a private message Print Post    
Here is an OSHA summary on who regulates what:
http://www.ehso.com/oshatrucking.php

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 1:51 pm   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
We are getting closer I think.. Yay...

"Regardless of how many hours drivers took off during the course of their shift, they must still end their workday at the end of the 14th hour since they came on duty."

The way I'm understanding this is:
I come on duty at 9:30pm am off at 1:00am (or 2:00am) till 9:00 am but that all goes towards my 14 hours then i need to be off for 10 consecutive hours, Right?? Either way, they will make me run illegal along with the other 3 or 4 of us.

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 2:05 pm   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
Thank you everyone for your help.

Hukdonreality
Member

09-29-2003

Sunday, May 16, 2010 - 2:14 pm   Edit Post Move Post Delete Post View Post Send Hukdonreality a private message Print Post    
If your trucks are overseen by the DOT, do you have to keep log books? If so, put a bug in a cop's ear and tell them to pull you over for something bogus and then to check your book.

Glenn
Member

07-05-2003

Sunday, May 16, 2010 - 2:16 pm   Edit Post Move Post Delete Post View Post Send Glenn a private message Print Post    
Grumpy, I hope you don't win this battle and lose the war. I would advise you to approach it in a direction that you are trying to keep the company from getting in trouble from the perspective of how you understand the rules.

Give them a chance to explain their perspective and use your knowledge to ask how they came to that perspective. It could be a simple misunderstanding on their part and not an attempt to take advantage of you and these other drivers.

I deal with ready-mix companies daily. It is hard for me to imagine any of them taking this kind of risk with DOT regulations with so many people watching them.

Colordeagua
Member

10-25-2003

Sunday, May 16, 2010 - 2:34 pm   Edit Post Move Post Delete Post View Post Send Colordeagua a private message Print Post    
Right, ready mix busy season is comin' up. My first paying job ever was in the office of the Elmhurst-Chicago Stone Co. which dealt in concrete / ready mix also. That was waaaay back in the '60s. No such thing as a summer vacation there.

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 2:39 pm   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
Huk, Yes we do keep logs. But they dont pull you over like a cop, they are at the scales or portable scales. i am trying to ask my bro who is a sheriff but he wont answer his phone and he might not even know.
Glenn, I already approached this situation and the ones before it. The boss just says thats the way ready mix is and the other boss says that we are just to busy and they need our help. They know its wrong, but they are going to do it anyway. Thats why I am here looking for the answer. We are going to be exhausted on 4 hours sleep. I have run illegal twice in the last month and they dont care, they just want their jobs done.

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 2:44 pm   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
We tell the boss "we wont have our 10 hours off" the boss says "we can work you for 12 hours, so..." this is what I'm confused over. Can we work split shifts like this, Is it legal, and either way we will not get 10 hours off consecutively and that is Illegal.

Glenn
Member

07-05-2003

Sunday, May 16, 2010 - 3:53 pm   Edit Post Move Post Delete Post View Post Send Glenn a private message Print Post    
Then call your state drivers license bureau and ask for someone who can clarify the DOT rules for you.

I am going to get a CDL because the equipment I am moving is getting way too close to the legal limits of weight for a regular drivers license. Since I am not being hired to drive or paid by the hour to drive, I can be exempt from the keeping of a driver's log. The officer at the drivers licensing bureau gave me the name of the local DOT inspector to verify this because he was not 100 per cent sure.

Good luck with your company bosses. It sounds as if you are going to need it. I have never liked it when bosses take this kind of attitude.

Costacat
Member

07-15-2000

Sunday, May 16, 2010 - 4:29 pm   Edit Post Move Post Delete Post View Post Send Costacat a private message Print Post    
Like I said, split shifts are different. I don't think you need the full time off between the split. What I don't know, but I suspect, is that the hours are cumulative. So if you have a 14 hour max work period before you have 10 hours off, then you work 4 hours, have 4 off, and work 10, that's a legal split. You'd have to have 10 off after that 14, though, I think.

No one here knows the rules for your state, so Glenn's advice is the best. You need to start making calls in your state.

Grumpy
Member

02-08-2004

Sunday, May 16, 2010 - 6:38 pm   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
Thank you all, I appreciate ur help.

Zgoodgirl
Member

08-22-2003

Sunday, May 16, 2010 - 7:45 pm   Edit Post Move Post Delete Post View Post Send Zgoodgirl a private message Print Post    
Hi Grumpy. I use to work for a place that would handle regulatory compliance for trucking fleets. I only handled the IRP's, fuel tax, and permits but I knew some people who would handle safety logs.

I'm not sure, but could it be that the time actually counts when you are actually driving and not including the time you are waiting for a load? But, you do need 10 hours off after driving for 11 hours. So maybe you can drive for 4, take 7 off, come back for 4 more and etc. until you get 11 hours of drive time and then get your 10 hours off?

Not sure if this helps, but I found a link for HOS regulations from the DOT.
HOS

Zgoodgirl
Member

08-22-2003

Sunday, May 16, 2010 - 7:55 pm   Edit Post Move Post Delete Post View Post Send Zgoodgirl a private message Print Post    
Here is hopefully better information. If you scroll down a little, it will tell you which logs you can look at for your 10 hour off duty rule. There are logs that are good and have violations and tells you why they are good or bad.

HOS Logs

Grumpy
Member

02-08-2004

Monday, May 17, 2010 - 6:33 pm   Edit Post Move Post Delete Post View Post Send Grumpy a private message Print Post    
Thanks Z. My logs wont be legal. They got me working split shift again and I still dont have my 10 off... anywhere in this schedule.

Kitt
Member

09-06-2000

Tuesday, May 18, 2010 - 3:32 pm   Edit Post Move Post Delete Post View Post Send Kitt a private message Print Post    
I've just got Call Waiting added to my AT&T phone service as part of a bundle. I've never had it before, hardly anyone calls me so the chance of them calling at the same time is slim, anyway...

The help page says to "press the receiver button and release" to switch between calls. Obviously I know what this means on a regular phone, but with a cordless phone and no "receiver button," do I press the "talk" button once? twice? to switch between calls? Anyone know?

Naja
Member

06-28-2003

Tuesday, May 18, 2010 - 3:36 pm   Edit Post Move Post Delete Post View Post Send Naja a private message Print Post    
Kitt, on one of my cordless phones, it uses a button labeled "flash", and on my newer one I just hit the same button the you hit when you answer the phone (yes, the talk button).

eta: and I hit it once.

Kitt
Member

09-06-2000

Tuesday, May 18, 2010 - 3:41 pm   Edit Post Move Post Delete Post View Post Send Kitt a private message Print Post    
Thank you Naja

Sia
Member

03-10-2002

Tuesday, May 18, 2010 - 7:56 pm   Edit Post Move Post Delete Post View Post Send Sia a private message Print Post    
Naja, did you find the pillow you were trying to find? I couldn't help but notice that our dear Twinkie, always concerned and helpful, was right in there contributing and trying to help you locate what you needed. I always called those things "study pillows."

Naja
Member

06-28-2003

Tuesday, May 18, 2010 - 8:02 pm   Edit Post Move Post Delete Post View Post Send Naja a private message Print Post    
No, I didn't get one, Sia. In person the reasonably priced ones were much smaller than I want or that would be useful. The bigger ones online were just that little bit above what I wanted to spend, so it kept me from hitting the purchase button because I needed some other things first. But I will get one :-)

Costacat
Member

07-15-2000

Wednesday, May 19, 2010 - 3:12 am   Edit Post Move Post Delete Post View Post Send Costacat a private message Print Post    
Naja, if a call comes in while you are on a call, just press the Talk button once. You'll connect to the second call. To keep that second call on hold and go back to your first call, press Talk again. To end that second call and go back to your first call, I usually just hang up. The phone will ring and you'll be connected to the first caller.