“Ask The Law”™ offers Q & A’s

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Want to keep up-to-date on FMCSA’s Hours-of-Service rules, visit www.OlBlueUSA.org/HOS/update.html often.

LOGGING TIME WHEN DROPPING TRAILERS AND PRE-TRIP

Q: I drop 2 to 3 trailers a day and have been logging each as a 15-minute drop and 15-minute pre-trip. Is there a better way I can do this without using so much of my 70 hours on line 4? Thank you, Ricky in South Carolina

A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:

Show the amount of time needed to drop one trailer and hook up to the next one and do a walk-around and complete your logbook. If it takes you less than 15 minutes to do it all, just flag in the remark section the name of the city and state and the amount of time it took.

LOGGING OFF-DUTY WAITING IN FUEL LINE

Q: When I pull into fuel and there's a line of trucks, can I go to line 1 (Off -Duty) while I'm waiting to get to the fuel pumps? Brian in Missouri

A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:

Any time you are seated at the controls of the vehicle, you are driving.

The only way you can get off of line 3 is to step out of the vehicle while waiting. If you do this, you can now show On-Duty not driving (line 4). The only way to show line 1 is if you are relieved of all your responsibilities. Please see Part 390.5 Definition of On-Duty Time.

DRIVING A CMV AFTER 14 HOURS ON-DUTY

Q: I found myself in a situation were I was less then 60 miles from my home terminal. Although I was not over on my 11 hours driving, I was over my 14 hours on duty. I called my company about this, and was told to come on in anyway. I believe this is wrong. What is the law on this? Thank you, Mark in Okalahoma

A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:

"Thou shalt not drive after being On-Duty 14 hours".

You can find this written in Part 395.3(b)(2).

FILLING OUT THE LOGBOOK RE-CAP SECTION

Q: After your restart do you put 0 in the past 7 days on my recap in the logbook or do you put all the hours you drove prior to your 34 hours off. My company wants me to fill out recap on every days log. Wayne in South Carolina

A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas:

Check with the company and see how they want you to do the Re-Cap when you take a 34-Hour reset.

The Regulations do not require the driver to complete a re-cap.

There are only 11 items that are required to be on a daily log sheet. See Part 395.8 for those 11 items.

HOS — 60-HOUR/7-DAY LIMIT TO A 70-HOUR/8-DAY LIMIT

Q: Can a company split the amount of drivers that run a 60-hour week and others run a 70-hour week? Other words where I work out west and in the south I run 70 hours in 8 days. With the restart they actually work 70 hours in 5 days. In the area east of the Mississippi we run a 60 hours in 7 day, which is actually in 5 days. If you drive for the same company don't they have to follow either the 60 or 70-hour rule? Or can they do both? To me and a lot of our other drivers I know, 60 hours in 5 days is plenty and 70 hours in 5 days is just too much to ask. Thank you, Al in Ohio

A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Division, Lincoln, Nebraska:

You’ll find the answer to your question in the following FMCSA guidance - Question #1 for §395.3 Maximum Driving and On-duty Time.

Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?

Guidance: Yes.  The only restriction regarding the use of the 70- hour/8-day rule is that the motor carrier must have CMVs operating every day of the week.  The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers' hours of service.  The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses.

The Ask The Law™ programs, which are provided as a public service by Ol' Blue, USA™, are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. The specific purpose is to have truckers contact Ol’ Blue, USA and pose questions to law enforcement officials relating to safety and legal issues concerning commercial vehicles.
Truckers may submit questions at www.askthelaw.org. Warning: Laws are subject to change without notice. These interpretations were made in July 09, 2008.