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Length Law, 14-Hour Rule & 34-Hour Restart
questions answered by law enforcement officials as of May 2008
Warning: Laws are subject to change without notice

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LENGTH LAW IN CALIFORNIA FOR MOTORSPORTS

Q: We were traveling in our motor home and trailer on US 95 to a motorsports event in Arizona, down by Needles Calif. We were stopped and a CHP wrote us a citation 35401(a) V.C. He said we exceeded 65 feet. We are 74 feet bumper to bumper. Have any of you heard of the FMCSA 658-13-no state shall impose a limitation of less than 46 feet on the distance from the king-pin to rear axle on trailers used primarily to transport race cars to motorsports competition events. Bob in Utah

A: Provided by Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California:

The exemption for length of trailers used in motor sports is for trailers being pulled by a truck-tractor, not a motor home.

IS MY COMPANY LEGAL WORKING ME OVER 14-HOUR RULE

Q: If I go to work at 6 am and work local all day until 4 pm, is it legal for me to leave Cleveland, TN at 4:30 pm and drive south of Atlanta, Georgia to drop and hook and drive back to Cleveland TN, arriving at midnight, and still have to be at work at 7 am to work local all day and to be given the day off without pay because I was an hour late? Thanks. James in Tennessee

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

The 14-Hour rule applies to all time worked, regardless of whether you work local or over the road. In the example you used, you would count your local time as well as the time spent driving to and from Atlanta, GA. You would be required to complete a Record of Duty Status (logbook) for the whole day, not just the trip from TN to GA. You cannot claim short-haul exemption while working local in TN and then start filling out a logbook when you leave TN for GA. If the motor carrier is requiring their drivers to do this, you might want to contact officials in TN or the DOT and report them.

CARRIER FORCED ME TO BREAK THE 14-HOUR RULE

Q: I was dispatched to pick up a load from a food plant in Memphis. My appointment time was at 1700. I arrived at 1630, and my 14 hours expired at 2030. I was not finished loading until 2100, and the plant would not allow me to stay there. My carrier never would return my phone calls or my qualcomm messages regarding my going over my 14 hours. It was about 17 miles back to the terminal, which was the closest place for me to stop for the day. I arrived back at the terminal at 2130. I logged it the way it happened and placed a statement in the remarks section of my logs. Did I do that right? Ken in Mississippi

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

Good for you. You did what you had to do even if it meant driving after being on duty more than 14 hours. You also did right by using the comment section to record exactly what happen with you trying to notify the company with no response and the shipper not allowing you to park to get your 10 hours of rest.

CAN A DRIVER BE FORCED TO USE THE 34-HOUR RESTART

Q: Can the company that you work for, or the Union you belong to, tell you if you have to use 34-Hour restart, or can’t use 34-Hour restart? Ronald in Kansas

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

In 49 CFR 395.3 (c)(1) and (c)(2); it states that any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours. Since the regulation used the word “may”, this means the 34-Hour restart is permissive, but not mandatory. You may use the 34-Hour restart to begin your new workweek, but you are not required to.

FMCSA’s website also has “HOS Frequently Asked Questions” posted August 19, 2005, which includes the following guidance:

“F-1. Does any period of 34 consecutive hours off-duty automatically restart the calculation of the 60/70-hour on-duty period?

Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour calculation.”

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 April 09, 2008.