So I drive local drive 150-200 miles out and come back to the same location. Things happens delays weather or anything else. When I call central when things happen, for example I am running out of hours of service. They always suggest and tell me to use my 16 hour rule. My question is are they legally allowed to suggest or implicate that rule. I ultimately thought it was illegal for the company to suggest or mention it. Thought I read it was somewhere but I can’t find a source for it unless I’m mistaken.
Im a CA local ag-industry driver. We are not limited to 1 “16” hour day per week. We can work 16 hours and drive 12 of those hours every day🤷🏽♂️
You’re also agricultural, you can ultimately spit on DOT’s shoes and they couldn’t do jack squat about it. So many agri-exemptions that you could probably find a loop hole that lets you run 24/7 if you aren’t tired.
True
You can only use it once a week, can only use it with time on both your 8 and 11, and only the lesser of the two, and you're technically supposed to park at the first safe haven and immediately start a 10. Companies aren't supposed to bake it into trip planning, but a lot of them absolutely fucking do.
"Safe Haven" has absolutely NOTHING to do with HOS, and should not be in your vocabulary unless you haul certain classes of explosives.
This. No matter what anyone or any company tells you "safe haven" is *only* if you are hazmat under very specific conditions. DOT will absolutely rail you for using it in any other circumstances.
Fun fact if you only drive in Florida you get 12 hr driving 16 hr on duty and 80 hr 8 days clock
California also, intrastate operations only
It is legal to suggest that you use it. But it is not in their best interest for them to expect you to use it. The 16-hour rule is there for extenuating unexpected delays, bad weather, unexpected traffic due to an accident, etc. You can only use it once a week.
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14d
Also know as short haul exmeption. It gives home daily drivers 2 extra hours of on duty time to be able to complete their day. You can use this 1 time either every 7 days or after at 34 reset. You still have 11 hours of drive time, but local drivers are usually having issues with on duty time, not drive time. Here is the definition of a short haul driver. It pretty much exempts you from having to log and a few other things.
(e)Short-haul operations —
(1) 150 air-mile radius driver. A driver is exempt from the requirements of §§ 395.8 and 395.11 if:
(i) The driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location;
(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 14 consecutive hours;
(iii) (A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off-duty separating each 14 hours on-duty;
(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off-duty separating each 14 hours on-duty;
The 16-hour rule extends your 14-hour clock BUT can only be used once in your 70-hour cycle and can only be used if you're on your first load assignment. It's supposed to be for inclimate weather, and your dispatch isn't allowed to even ask drivers whether or not they've used it. They can't even suggest it because that means they are operating under the assumption that you didn't use it.
Where did you get the 2nd half of your information from? I've never heard or seen anything like that from fmcsa. It might be a company thing, but not the actual rule.
It's more or less an unspoken rule because coercion is a thing to worry about at certain companies, unfortunately. You can actually get someone fired for forcing dispatch that way especially if they want you to use your 16 hour when fatigued instead of the intended purpose.
16 hour rule can be used beyond your first load and dispatch can dispatch you with intention of you needing to possibly use it and can ask you to use it. While the intent is for unseen delays, there is nothing to stop dispatch from using it to extend your work day in the FMCSA rules.
You only get one 16hr a “week “ really it’s just a 2hr extension
You can only use it once every 34hr reset. If they ask you to use it to finish your route then yes it is by if they ask you to use it to make it back to the yard then no.
"IF" you choose use the 16 hour rule, you MUST make it back to your home terminal.
It might be illegal for them to demand that you use it, or to plan that you're going to use it, but I'm not sure how you would prove it unless you were using it every week.
It's not remotely illegal for them to suggest that you use it, but in the end it's up to you whether you do or not.
They can suggest it, but you don't have to use it . There's nothing illegal about them doing that. But you can only use it once per week unless you do a 34 hour reset.