Hours Of Service, Can I Exceed 11 Hours?

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Practice local road drivers of Propane and fuel, have 12 hours rule 100 air mile radius? My boss says we aren't required to follow hours of service. We are over 10,000lbs and hazmat. It seem we meet two qualification. We run 12 to 14 hours days 6 days a calendar week. I'd rather not exist the guy to bring this up but i don't desire to be in the middle of inciddent and it would be bad to that far over hours.
Merely maybe we are exempt and i never knew

If we do how should i bring upwards this professional person. They never followed the hours and been in business for decades. Thanks
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You don't have to maintain logbooks, if you stay inside l miles of your domicile terminal, merely you are still regulated by DoT, and subject to Hours of Service (HoS) rules. Check the side of your trucks. If there is a DoT number, at that place, y'all are subject to regulation and HoS. If there isn't a DoT number, there, then you lot are already operating in violation of DoT regulations. If that'south the case, start looking for a new chore, before your paychecks quit clearing the bank. People who operate like that, do so throughout their business organization, and there is no telling when the hammer may drop from the IRS, INS, some sort of police force enforcement, or who knows where? Guys like that are magnets for trouble, and not afraid to throw the people effectually them nether the motorbus, if it will so much as reduce their own sentence.
Using the 100 Air-Mile Radius Exemption
Under the "100 air-mile radius exemption," the rule states that the commuter must exist out and dorsum within a 12-hour catamenia. What if a driver goes over that 12-hour flow for one day?
All drivers are required to make a Record of Duty Condition (RODS), or a log, or log sail of their action (or condition) during each 24-60 minutes period. Near one-half of commercial motor vehicle (CMV) performance are local or under 50 miles of their origin. Under 395.ane(e) Short-haul operations, a CDL driver is exempt from the logbook requirements (but not any other of the Hours-of-Service rules — the xi-14-lx/seventy hour rules). Specifically, the exemption allows simplification of the paperwork class of Hours-of-Service documentation, for short-booty operations:

(eastward) Short-booty operations—(ane) 100 air-mile radius driver. A driver is exempt from the requirements of § 395.8 if:

(i) The driver operates inside a 100 air-mile radius of the normal work reporting location;

(ii) The commuter, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(iii)(A) A property-conveying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

(B) A passenger-carrying commercial motor vehicle driver has at least eight consecutive hours off duty separating each 12 hours on duty;

(iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in §395.3(a)(3) following x consecutive hours off duty; or

(B) A passenger-carrying commercial motor vehicle commuter does non exceed 10 hours maximum driving time following viii consecutive hours off. A CDL short-haul driver can utilize the above exemption for any of "the 3 overs," if he goes:

1. Over a 100 air-mile radius;

2. Over 12 hours from the start of work or the shift;

3. Stays Over-dark, or away from his starting location.

#3. Drivers must leave and render to the same work reporting location to authorize for the exception. If non, they should have log sheets for the day they left, and whatsoever mean solar day(s) they have not returned to their regular reporting/starting place of work. Notation: some states (i.e., Texas), take what is chosen "tolerance" to the Hours-of-Service rules and may allow a 150 air-miles radius, or a longer work-day, for local, brusk-haul, or in-state operations.
DOT Interpretation & Guidance: Question 20: When a driver fails to encounter the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the commuter prepare daily records of duty status for the adjacent seven days?

Answer: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. The record of duty status must cover the entire mean solar day, fifty-fifty if the driver has to record retroactively changes in condition that occurred betwixt the time that the commuter reported for duty and the fourth dimension in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not merits the correct to drive 10 hours after leaving his/her exempt status, in improver to the hours already driven under the 100 air-mile exemption.

Non-CDL drivers have some other rules nether Under 395.1(e):

(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §395.3(a)(ii) and §395.8 and ineligible to use the provisions of §395.one(e)(1), (1000), and (o) ifi) The commuter operates a holding-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.eastward., the normal work reporting location;(iii) The driver returns to the normal work reporting location at the end of each duty tour;(iv) The driver does not driveA) Subsequently the 14th hour after coming on duty on 5 days of whatsoever period of 7 consecutive days; and(B) After the 16th hour after coming on duty on ii days of whatsoever menstruation of seven sequent days;(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true fourth dimension records showing A) The time the commuter reports for duty each day;(B) The total number of hours the commuter is on duty each mean solar day;(C) The time the driver is released from duty each mean solar day;(D) The total time for the preceding 7 days in accordance with § 395.viii(j)(2) for drivers used for the beginning time or intermittently.

What is required on the exemption sheet form?

(five) The motor carrier that employs the driver maintains and retains for a period of half-dozen months accurate and true time records showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each solar day;

(C) The time the driver is released from duty each solar day; and

(D) The total time for the preceding 7 days in accord with §395.8(j)(two) for drivers used for the first time or intermittently.

Breaks
Curt-haul holding-carrying CMV drivers are not required to take the mandatory 30-minute pause inside eight hours of starting work. Drivers exceeding the distance or time limits that qualify them as brusque haul drivers, even so, are subject to complying with the intermission requirement:

Question 33. If a driver using either curt-haul exception in § 395.1(eastward) find sit necessary to exceed the exception-limitations for unforeseen reasons, is the driver in violation of the § 395.3 balance interruption provision if more than 8 hours have passed without having taken the required residuum break?Guidance. No. A driver using a 395.1(due east) short-haul exception who-finds information technology necessary to exceed the exception limitations for unforeseen reasons, is not in violation of the § 395.3rest-intermission requirements if eight or more hours have passed at the time the driver becomes aware of the disability to use the short-booty exception. The driver should annotate the record-of-duty-\condition to indicate why the required rest break was not taken before, and should take the break at the earliest rubber opportunity.
Issued on: December 12, 2013.

If a commuter is challenge the short haul exemption, is at that place any blazon of documentation required in the vehicle?

No, the commuter but has to say to the inspector is that he is challenge the short booty exemption.

Summary

Hours-of-service rules, if certain provisions are met, permit the utilise of an exemption sheet (sometimes called a fourth dimension carte), in lieu of a RODS or log sheet. If a driver goes over that 12-60 minutes period for one twenty-four hour period, over 100 or 150 air-miles or does non return to his normal work reporting location, and then the driver:

(1) needs to make and adhere a RODS or log sail for the respective day or days the provisions are not met;

(2) take the mandatory 30-minute break at the earliest prophylactic opportunity; and

(3) annotate the record-of-duty- status to betoken why the balance pause was not taken before.
Lav-25, Bank_Lbr and Dan.South Thank this.
ZVar Road Train Member

Over 10k pounds you must follow all logging rules. This includes all clocks. eight/11/14/70 all accept to be followed.
The curt haul is simply a logging exemption. I.e. no need for the graph log, just a timecard.
Y'all need to meet iii criteria for that exemption.
1. 12 hours max a day.
2. 100 air mile radius.
three. Start and end at aforementioned location.
Oh, and btw, sounds like with what y'all are saying you will demand eld'due south come Dec. 18
Do you stay within your state? If you are engaged only in intra country commerce then yous need to look at your state laws rather than federal.
...and I wouldn't be surprised if there is an exception to the rules for propane trucks delivering to homes for heat in the winter. Politicians hate fielding phone calls from angry constituents...and tin you imagine the phone calls if people were running out of propane and their pipes were freezing upward and bursting while waiting for the commuter who couldn't quite make it there before his clock ran out?
I've been having this problem at work too. My boss called cooperate and they are saying the 11/14 rule applies. I spoke to an attorney, he said the same. We exercise not have logs, stay nether 100 mile radius. I'm not sure what to practise as I read the rules I nevertheless believe the 12 60 minutes rule applies to me. So confused now!!!
ZVar Road Railroad train Member

All clocks employ. Well xxx minute break is exempted.
Basically information technology says 395.8 and 395.11 are exempted if you qualify.
(e) Short-haul operations—(i) 100 air-mile radius driver. A driver is exempt from the requirements of §§395.8 and 395.11 if:
§395.8 Commuter's record of duty status.
§395.11 Supporting documents.

Yous can read the regs hither: eCFR — Code of Federal Regulations
And then while I accept never done this but I came close many time. My piece of work weeks from May to about October are 7 days a calendar week (unless I am broke down or demand the 24-hour interval off) viii to 10 hours then that is seventy hours or less. On occasion say the other contractor truck is broke downward, the company I contractor booty for fix up to much stuff, or a customer being a-whole. I take had to work few days in row doing 12 hours. Let say I had to work a full week like that I can't work 84 hours?