HOS rules and Mike

HOS rules and Mike

Good morning drivers.  I trust you are all well today? It’s cloudy and muggy here in So Cal.  We get a few days a year here when the humidity gets pretty high but nothing like you guys back east.  How do you take it?  Myself, I’m looking forward to winter.  Easy for me to say I know, I don’t have to chain up during a blinding snow storm on my way up or down Donners.  It sucks I know.

Last night I mentioned a friend I have who got called out on a potential HOS violation from his DM.  For the sake argument I will call my friend Mike.

Mike is based in Fontana, Ca and had just pulled into a receiver in L.A. and was eager to get unloaded at get home.  He had sent in PTA earlier in the morning as required by his company.  He stated in the message that after he dropped he would have ONE hour of driving time left and ONE hour left on his fourteen.  It’s pretty simple to understand right?  Well not for Mikes DM.

As soon as he pulled into the receiver his Qualcomm started blowing up.  He was being asked to pick up a load on his way to the Fontana yard and drop it there before heading home for his home-time.  He sent his DM another message making them aware that he just enough hours left to get home and not enough time to pick up a load on the way.

I should let it be known that this driver had never had a late load due to any fault of his own.  He is a hard working, safe and competent driver.  I can attest to this because I trained him.  Well he has bent over backwards for his DM’s and he is the one they call to rescue loads or he gets the “don’t ask, don’t tell” loads and he always delivers them on time and no questions are asked.

To make a long story short after he reminded his DM that he didn’t have the hours to grab the load he received an email in which his DM was accusing him refusing the load.  Wow!  He was, in a sense, refusing the load.  But he had a valid reason why.  He let his DM know again that he would be happy to pick up the load IF he had the hours.

Well the receiver took too long to empty the trailer so he was out of his fourteen now too.  Meanwhile the DM never took the pickup off him and he let her know he now had no hours left on his fourteen but had one hour left to drive.  He told her he could not pick up any load and was driving to Fontana in “off-duty” status.  He was immediately told by his DM is so many words to either; pick up the load on his way in or he would get a log violation for driving off-duty” and driving while out of hours or he had to stay at shippers a take his ten there.  The yard in Fontana was 40 miles away.

He was angry and I do not blame him.  He had saved so many loads for his DM’s it’s not even funny and when he COULDN’T pick up this load, he gets threatened by his DM.  She never complained or asked questions before and now she’s threatening him.  He said fine and ended up getting the load and dropping it at the yard. 

We talked about it and he thought it was ok to drive off-duty as long as you weren’t under a load.  His DM never took the load off him so technically he was still under a load.  I told him I thought he could drive off duty as long as he was empty and not under a load and he should tell his DM to kick rocks.  Well I did some research to get the right answer according to the FMCSA and here is what I found.

Below is the definition of on-duty time according to the FMCSA Part 395 regarding on-duty.

Hours of service of drivers

§ 395.2Definitions.

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

On duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;(8) Performing any other work in the capacity, employ, or service of a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier.

This is from the FMCA Part 395.3 regarding HOS;

Hours of service of drivers

§ 395.3Maximum 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:(1) More than 11 cumulative hours following 10 consecutive hours off-duty;(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—(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(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(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

According the FMCSA Mike was in violation because he was not relieved of his duties and was out of hours due to the fourteen hour rule, so I was wrong as well. 

He did pick up the load and get home.  But one would think after all he has did for his DM’s (I say did because I’m sure he will not be doing them any more favors) they would have told him do not worry about picking up the load and to just get home to his family.  Yea right, we all know darn well that is not how it works.  Most DM’s could care less about you, the drivers.  And that is just wrong.

Like I said, Mike got home ok.  I’m actually waiting for him to come by my house and say hello.  He must be catching up on his sleep.

Do not forget to post you opinions and comments regarding this post and let me know what if there is something I can research for you.  I want the feedback from you guys whether positive or negative. 

THANK YOU DRIVERS! I will post another article later tonight and check for comments.  Time to watch the Pat’s/Raider’s game.

Be safe my friends,

Dana