XPO | 16 hr rule

pimpjuice

TB Lurker
Credits
0
OK bear with me anybody who knows the rule please explain in detail had a situation the other night wanna see if they s applies.
 
Well had a driver run out of hours an hour and a half away from the barnthat was on as 14 the manager got on the phone and told him to bring it inI would think. Supersedes anything that, Conway wants you to do right and this was Tuesday morning right after the meeting about how they preach safety the driver does not have to use his 16 l didn't think I just want to make sure I'm reading the law correctly
 
You can use the 16 hr rule once per week (34 hr restart) for any reason. You may drive after your 14th hour but you cannot go over 11 hr of driving. Even if you go 15 min over 14 hours, it counts as the 16 hour rule.
 
I can tell you the rule, but you need to pickup the FMCSR and read it for yourself. Me telling you the rule will not get you to do research that you should know and doing for yourself. This is not meant to be smart or to point fingers just want you to learn.
Your company may also have a policy of no more than 14 hrs, Company Policy over rides the FMCSR. Now you are asking why, because it is stricter than the Federal rule. Have you heard of Chain of Command? Federal Laws are the top, then State, then County, then Towns/ Villages, then Company Policy and let's not forget the last one your Managers. So if you listen to your Managers Rule, but it is NOT stricter than Company Policy that Manager is wrong.
Hope this helps you understand.
Hope you have a FMCSR, ERGB also.
 
At Conway;
You will use the 16 hr rule (punch to punch) when told to - once/wk. It has nothing to do with weather or road closures.

You cannot drive more than 11 hrs or past 70 hrs working.

When you return from your run, they can work you 20(plus) more hrs solid on the dock no matter what your log book looks like.
 
You can use the 16 hr rule once per week (34 hr restart) for any reason. You may drive after your 14th hour but you cannot go over 11 hr of driving. Even if you go 15 min over 14 hours, it counts as the 16 hour rule.

Yeah, sometimes you get guys that think you can use 16 hr rule and the adverse driving exception together but that is a big no no! It's one or the other. Also, I believe that as long as you punch the gate, you can drive in the yard to put your set away after your 14 and not use your 16 because you are on the on duty not driving line.
 
The 16 hour rule can only be used once in a 7 day period. So if you use it on Wednesday this week you can't use it till Wednesday of next week or later. The 16 hour rule DOESN'T reset after 34 off.
 
The 16 hour rule can only be used once in a 7 day period. So if you use it on Wednesday this week you can't use it till Wednesday of next week or later. The 16 hour rule DOESN'T reset after 34 off.

I didn't know that. That's good info. Thanks.
 
okay great thanks but it is still up to the driver if he wants to use that correctI mean if he's tired he doesn't have to use it it's not up to the company
 
okay great thanks but it is still up to the driver if he wants to use that correctI mean if he's tired he doesn't have to use it it's not up to the company
Per cliff my regional safety director. You can't be forced to use the 16 hour rule period. If they try and force you, you simply say I'm to fatigue to safely drive any farther.
 
The 16 hour rule can only be used once in a 7 day period. So if you use it on Wednesday this week you can't use it till Wednesday of next week or later. The 16 hour rule DOESN'T reset after 34 off.

Actually, you can. I found this in the FMCSA hours of service guidebook. It says 7 consecutive days or 34 hour restart.

What Is the 16-Hour Short-Haul Exception?
If you usually come back to your work-reporting location and go home at the end of your workday,
you might be able to use the 16-hour short-haul exception. This exception allows you to extend the
14-consecutive-hour driving window once every 7 consecutive days. In order to use this exception,
you must do the following:
• You must return to your work reporting location that day, as well as for your last 5 duty tours. A
duty tour is the period of time from when you come to work to when you leave work. It is your
“workday,” the time between your off-duty periods of at least 10 consecutive hours.
• You must be released from duty within 16 hours after coming on duty.
• You must only use this exception once every 7 consecutive days (unless you took 34 consecutive
hours off to restart a 7/8-day period that meets the conditions listed in the 2nd paragraph on the
prior page).
You may not use this exception if you qualify for the “Non-CDL Short Haul Exception” explained
earlier.
This regulation is found in Section 395.1(o).
 
The 16 hour rule can only be used once in a 7 day period. So if you use it on Wednesday this week you can't use it till Wednesday of next week or later. The 16 hour rule DOESN'T reset after 34 off.

News to me too.
Some people use this rule every week. If they do not use it on the same day, Friday would soon become their only possible 16 hr day.

Edit; Just saw copy and paste above. Just need 34 hr break.
 
okay great thanks but it is still up to the driver if he wants to use that correctI mean if he's tired he doesn't have to use it it's not up to the company

At Conway, you will do as you are told. Failure can result in termination.
You will at least get an incident report or if you claim sick, you will earn attendance points,

(am sure there have been exceptions)
 
At Conway, you will do as you are told. Failure can result in termination.
You will at least get an incident report or if you claim sick, you will earn attendance points,

(am sure there have been exceptions)

Don't say sick. Say fatigued. There are a bunch of laws about driver fatigue now. If you say and log fatigue, they can do nothing to you.
 
OK bear with me anybody who knows the rule please explain in detail had a situation the other night wanna see if they s applies.
16-Hour Short-Haul Exception §395.1(o)

For drivers of property-carrying commercial motor vehicles (CMVs) who drive locally, there is an exception to the 14-hour rule (which requires that drivers of property-carrying CMVs stop driving upon reaching the 14th consecutive hour after first coming on duty). The so-called "short-haul" exception allows these drivers to extend the 14-hour period by two hours once per week, under certain conditions.

A driver can drive a CMV after the 14th hour after coming on duty, but not after the 16th hour, IF he or she:

Was released from duty at the normal work reporting location for the previous 5 duty tours, andReturns to the normal work reporting location and is released from duty within 16 hours, andHas not used this exception in the previous 6 consecutive days, except following a 34-hour restart.

Drivers claiming this exception remain subject to the 11-hour driving limit, but they essentially have an extra two hours in which to complete that driving.

Note that a 34-hour restart will allow a driver to use this exception more than once every 6 days, but a restart will not affect the requirement that the driver must have returned to the normal work reporting location for the previous 5 duty tours.

Short-haul drivers who normally use the 100-air-mile exception and do not complete a standard grid log will have to complete a log on days when they use the short-haul exception, because they are working beyond the 12-hour limit (see the 100-air-mile-radius driver topic for more information).

For information on the non-CDL short-haul driver exception, for those who stay within a 150 air-mile radius, refer to the Non-CDL-Driver Short-Haul Exception topic.

Note: There is no definition of "short haul" or "normal work reporting location." These terms are generally understood to refer to drivers who start from and return to the same location on a daily basis.
 
16-Hour Short-Haul Exception §395.1(o)

For drivers of property-carrying commercial motor vehicles (CMVs) who drive locally, there is an exception to the 14-hour rule (which requires that drivers of property-carrying CMVs stop driving upon reaching the 14th consecutive hour after first coming on duty). The so-called "short-haul" exception allows these drivers to extend the 14-hour period by two hours once per week, under certain conditions.

A driver can drive a CMV after the 14th hour after coming on duty, but not after the 16th hour, IF he or she:

Was released from duty at the normal work reporting location for the previous 5 duty tours, andReturns to the normal work reporting location and is released from duty within 16 hours, andHas not used this exception in the previous 6 consecutive days, except following a 34-hour restart.

Drivers claiming this exception remain subject to the 11-hour driving limit, but they essentially have an extra two hours in which to complete that driving.

Note that a 34-hour restart will allow a driver to use this exception more than once every 6 days, but a restart will not affect the requirement that the driver must have returned to the normal work reporting location for the previous 5 duty tours.

Short-haul drivers who normally use the 100-air-mile exception and do not complete a standard grid log will have to complete a log on days when they use the short-haul exception, because they are working beyond the 12-hour limit (see the 100-air-mile-radius driver topic for more information).

For information on the non-CDL short-haul driver exception, for those who stay within a 150 air-mile radius, refer to the Non-CDL-Driver Short-Haul Exception topic.

Note: There is no definition of "short haul" or "normal work reporting location." These terms are generally understood to refer to drivers who start from and return to the same location on a daily basis.
Yeah, that's pretty much what I posted on here over a year ago. Old news.
 
Yeah, sometimes you get guys that think you can use 16 hr rule and the adverse driving exception together but that is a big no no! It's one or the other. Also, I believe that as long as you punch the gate, you can drive in the yard to put your set away after your 14 and not use your 16 because you are on the on duty not driving line.
if you are being paid to put away your equipment in the yard or wherever and go past 14 hours, it counts.
 
if you are being paid to put away your equipment in the yard or wherever and go past 14 hours, it counts.
Do you log it as driving time? Everyone I know logs it as on duty not driving. It may be different once we have ELD's, but for now, if you aren't on driving time it doesn't count as using your 16.
 
Top