LWI Employee Section Trucking Info.

Hours of Service Discussion:

The Hours of Service changes made has been the cause of many arguments throughout the tucking industry. It works for some factions and is just wrong for others. DOT and Congress are once again going at it with new rules now expected at the beginning of 2009.

Confusing to say the least. Longwall West suggests drivers try to stay out of the grey areas of the provisions. Meaning don't push the rules if you can help it.

Below is the entry in the DOT regs. namely, 395.3 dealing with maximum driving time for property-carrying vehicles.

We basically understand the normal operating rules, 14 consecutive hours on duty, with driving time no more than 11 hrs. Do Not go over these limitations set forth because YOU are responsible for the ticket. Longwall West will never ask you to run against the provisions!!!!!!

Hours of Service 395.3

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; 66 FR 49874, Oct. 1, 2001; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005]

There are times when we can legally go over these limits.
(NOTE: This is for no-CDL drivers only)
The 16 hour rule is one of them (see above (a)(2)) below is the provision stated in 395.1(o)

(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of 395.3(a)(2) if:

(o)(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;

(o)(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and

(o)(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by 395.3(c).

This means that, on a Bridger run for example, you can be on duty for 16 hrs. if any one of the above provisions apply. You have been off for a minimum of 10 hrs before starting the run, you haven't used this provision for the last 6 days (in other words once a week max).

You can still only drive for 11 hours, but this does protect us from delays on the road, loading and/or unloading. It would probably be a good idea to note the 16 hr rule being used for subsequent log book checks.

Another provision deals with adverse weather conditions. Below is the provision 395.1(b)

(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in 395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by 395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive-

(b)(1)(i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

This means we can, on our normal runs, drive for an additional 2 hrs as long as we:

1. still stay within the 14 hr on-duty rule

and

2. are eligible under the adverse road conditions, which would include weather, (snow and ice etc) and/or accident delays on the road.

Again, as the DOT officers have said in the past, this depends on how well you can articulate to the officer what is going on. If you are already over your 11 hrs and are still on I80 in WY you will not get away with it. The provision does state to get to your destination or other safe spot to shutdown.

However, if you are going up Spanish Fork canyon or Indian canyon after having dealt with ice and snow in WY and you aren't too far over your 11hrs then you should be able to make a good case to the officer.

392.14 Hazardous conditions: extreme caution interpretation:

Q. Who makes the determination, the driver or the carrier, that conditions are sufficiently dangerous to warrant discounting the operation of a CMV?

A. Under this section, the driver is clearly responsible for the safe operation of the vehicle and the decision to cease operation because of hazardous conditions.

Driver's Record of Duty Status - Shipping Document Number Interpretations:

Q. What documents satisfy the requirements to show a shipping document number on a record of duty status as found in 395.8(d)(11)?

A. The following are some of the documents acceptable to satisfy the requirement: shipping manifest, Invoices/freight bills, trip reports, charter orders, special order numbers, bus bills or any other document that identifies a particular movement of passengers or cargo.
In the event of multiple shipments, a single document will satisfy the requirement. If a driver is dispatched on a trip, which is subsequently completed, and then is dispatched on another trip on that calendar day, two shipping document numbers, or two shippers and commodities must be shown in the remarks section of the record of duty status.

Four drivers sentenced for falsifying log books:

Four former California drivers have been sentenced to ail after pleading guilty to keeping false driver's logbooks. The falsification occurred while the men were employed as drivers for Nijar Brothers Trucking, according to the U.S. Dept. of Transportation Office of Inspector General . The drivers were sentenced to 15 months in jail and fined $100 each.