Feeders H.O.S. Question?

[Pickles]

Say you start work at 14:00, set's hooked up, 185 mile trip, push TA, leave set hooked up, grab new set thats already hooked up, drive back 185 miles. Push TA at 21:45.


Now here's the question, it will be past 8 hours if you continue to break apart your set, fuel, and wash. Can you work past 8 hours if you went over the 100 (crow flies) miles but are finishing your work in the yard or do you have to take your 30 minutes before unhooking etc?

 

[UPS4Life]

100 miles doesn't mean anything except for the certain people who don't run log books but even they are still required to meal. In your case you can work in the yard for 3 hours if you wanted but in order to go back out on the road you must take a full 30 minute meal. Say you start 1400 drive somewhere turn around at 21:55 break your set down hit other work for meal at 22:30 take 30 minutes and your good to go.

Meal is a sketchy deal my hub is pushing for the full hour as per required by the contract because if you only take 30 minutes apparently you are manufacturing overtime. I now make sure I take my full ten minute break each day also -_-


Sent using BrownCafe App

 

[Pickles]

My hub doesn't make shifters or anyone traveling less then 100 miles one way take 30 minute break. In the scenario I mentioned above, I wanted to know since I was on property, and went over the 100 miles, could I work past 8 hours and not take the D.O.T. 30 minute time off break and finish my job and punch out?

 

[superballs63]

A 30 minute break is to be recorded before you start your 8th hour of work. Take the 30 on your drive back, or break down your set in less than 15 minutes

 

[UPS4Life]

Yeah you can work past your 8th hour you just can't drive


Sent using BrownCafe App

 

[UPS4Life]

*(8) Are drivers using the “100 air-mile radius” or “non-CDL 150 air-mile radius” provisions in § 395.1(e) required to take the minimum 30-minute break if applicable?

Yes. Drivers operating under the 395.1(e) exceptions may not drive if more than 8 consecutive hours have passed since the last off-duty period of at least 30 minutes. Because they are not required to maintain records of duty status (“logbooks”), they are not required to record the break periods.

Sent using BrownCafe App

 

[Pickles]

Well now I'm just confused. Do package car drivers have to take the 30 minute consecutive break before 8 hours?



ENFORCEMENT POLICY

Effective August 2, 2013, FMCSA will no longer enforce 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). The Agency requests that State and local enforcement agencies also refrain from enforcing the 30-minute rest break against these drivers. Specifically, the following drivers would not be subject to the 30-minute break requirement:

•  All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1).
  
  
•  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).
  
  FMCSA will also be initiating a rulemaking to include text in the HOS regulations noting that the 30 minute break provisions do not apply to short haul drivers.
  

 

[UPS4Life]

Source? I know the whole hours of service has been talked about and discussed trying to go back to the old method just 34 hour reset nothing else but last I checked that never went through yet. They are arguing research was never done and this is making it worse for driving conditions.


Sent using BrownCafe App

 

[greengrenades]

You should be stretching that out to 10 hours anyways. Get paid.

 

[Jones]

Yeah you can work past your 8th hour you just can't drive


Sent using BrownCafe App

This. As long as you're on the yard you can keep working, you just have to take 30 before you go back on the road.

 

[UPS4Life]

This. As long as you're on the yard you can keep working, you just have to take 30 before you go back on the road.

Correct, like I mentioned in the first post


Sent using BrownCafe App

 

[What'dyabringmetoday???]

You should record meal but work through it. You will be popular then.

 

[Mugarolla]

Correct, like I mentioned in the first post


Sent using BrownCafe App

Where I am at, we are instructed to take our meal before 8 hours no matter what. DOT says you cannot "drive" after working 8 hours without taking a 30 minute rest period, but UPS is telling us, even if you get back to the building before 8 hours, you still need to take your meal before the 8 hour mark.

What you did is not a DOT violation, but, where I am at, could result in a warning letter for failure to follow. They even went one step further. We were told that, even if we work actual, less than 8 hours, we still have to take a 30 minute meal. I have done it twice in the last couple of months, worked 5 hours for one reason or another, and did not show a meal. I got yelled at but nothing happened. I told my boss that I was not going to get back to my building after working 5 hours, take a 30 minute meal that I don't get paid for and then go home. I did not work 8 hours so I am not required to show a meal.

He said that some airhead big wig came up with the idea that everyone has to take a meal, before the 8th hour, no matter what. This sounds like a ploy to make his job easier. He won't have to check the reports of drivers not taking a meal and verify that they did not work or drive past the 8th hour.

Another management person that could not make it as a driver.

 

[Avalon]

When the computer sends you the warning message it is very specific that you can not drive after 8 hours. Nothing about working in the yard.

However this is not a question you should ask on this forum.
Ask a sup and work as directed!

 

[UPS4Life]

@Mugarolla; I believe it sad thing is not everywhere is the same nor will it ever be. We are being told we have to take our full meal unless approved by dispatch on a day to day basis... In other words when it benefits the company. I just hope on the days you don't work 8 and are required to meal you take your guaranteed 8 from now on. Other than the full hour meal we haven't had much problems with the 8 hour rule.


Sent using BrownCafe App

 

[Pickles]

Whenever I've done this scenario, I park in the yard, take 20 minutes meal and 10 minutes paid break, jump in and break down and fuel. Just wasn't sure if I was wasting 20 minutes of my day to stay on the good side of the law or not.

 

[Pickles]

Source?

Check the PDF here http://www.fmcsa.dot.gov/regulation...e-break-enforcement-policy-short-haul-drivers

 

[Mugarolla]

@Mugarolla; I believe it sad thing is not everywhere is the same nor will it ever be. We are being told we have to take our full meal unless approved by dispatch on a day to day basis... In other words when it benefits the company. I just hope on the days you don't work 8 and are required to meal you take your guaranteed 8 from now on. Other than the full hour meal we haven't had much problems with the 8 hour rule.


Sent using BrownCafe App

Yes sir. See, the company just screwed themselves. The last time I worked 5 hours I was asked by my boss. He needed me to have 10 hours off to be able to start and cover a job the next day. He had no one else to cover it, so he asked me to work actual, take 10 hours off, come in the next morning and do the job. I told him I would. I actually made more money working 5 hours and then covering that job for 2 days than I would have if I stayed on my current job for the rest of the week. So I didn't have a problem "helping out."

But this "forced" meal even if we work actual is going to bite them in the . I won't be "helping out" in this scenario anymore.

 

[Mugarolla]

Whenever I've done this scenario, I park in the yard, take 20 minutes meal and 10 minutes paid break, jump in and break down and fuel. Just wasn't sure if I was wasting 20 minutes of my day to stay on the good side of the law or not.

The law just says that you cannot drive after 8 hours without taking a 30 minute rest period. Driving the tractor in the yard, or breaking sets down and fueling, is not driving for DOT purposes. As long as you don't leave the yard, you are good.

I actually took my meal around the 4th hour, got back to the yard around the 11th hour and shifted for 3 hours. If I was on road, I would have had to take another 30 rest period around the 12th hour. Yes, if you work long hours and take your meal too soon, you may need to take another 30 minute rest period before you get back to the yard. Had to do it 3 or 4 times.

Anyway, I shifted for over 2 hours past my 8 hours driving since my last meal. Not a DOT violation. Never left the yard. If I did leave the yard, it would be a violation because I did not take another rest period after 8 consecutive hours on duty. UPS did not say a word.

 

[UPS4Life]

Whenever I've done this scenario, I park in the yard, take 20 minutes meal and 10 minutes paid break, jump in and break down and fuel. Just wasn't sure if I was wasting 20 minutes of my day to stay on the good side of the law or not.

You don't want to do the 20/10 to make 30 if your going out on the road though. If your going to do that you may as well do 17 minutes from 12:06-12:23 and it will look great on paper and if anything happens the defense lawyers will love that case.

As for not violating in a wagon that's no big deal because you don't need a cdl to drive one unless your going out on the road as some hubs actually have jockey jobs are run by hub employees not feeders.


Sent using BrownCafe App