XPO | 14 Hour Rule
- Thread starter dockboy
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wonderring99
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What was told to me that only linehaul can approve the use of the 16 hour rule...
You can use the 16 hour rule once a week as long as you start and finish in your home term..There are exceptions from what I was told you can use it to finish a run but they cannot send you back out on say a four hour run if you have twelve hours in already.and it still comes off your recap total for the week..It is just another government regulation with many interpretations...
E. 16-HOUR EXCEPTION
E-1. What is a "duty tour" as the term is used in Part § 395.1(o)?
The 16-hour exemption in § 395.1(o) is designed for one-day "duty tours." The duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and sleeper berth time.
E-2. If a driver is "on duty, not driving" during the 15th and 16th hour of his duty tour and does not drive after that, has he used the 16-hour exception in § 395.1(o)?
No. Example: If a driver was on duty 16 hours on Wednesday, but didn't drive after being on duty 14 hours, could the driver use the 16 hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations
(11-, 16-, and 60/70- hour rules) were met?
In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in Part § 395.1(o) and also remains in compliance with Part § 395.3(a)(1) and Part § 395.3(b). Although the 16 hours on-duty on Wednesday will count toward the driver's 60/70 calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14 th hour.
E-3. May a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?
As stated in § 395.1(o) and current § 395.1 Interpretation Question 15, a driver having more than one work reporting location could use the § 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of
§ 395.1(o)(1) that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..." A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless he worked six days per week, and then the exception could only be used on the sixth day.
E-4. May a driver utilize the adverse driving rule, which extends the driving time by two additional hours, in conjunction with the 16-hour exception?
No. A driver may not use the exception for adverse driving conditions while also using the 16-hour exception for property-carrying drivers. Section 395.1(b)(1)(ii) of the adverse driving conditions exception specifically states that a property-carrying driver may not drive or be permitted to drive after he/she has been on-duty after the end of the 14 th hour after coming on-duty following 10 consecutive hours off-duty.
E-5. When the "16 hour exception" is used, may sleeper berth periods or extended off-duty periods be included in the "duty tour?" How does this affect team drivers?
The § 395.1(o) exception for property-carrying drivers is for drivers who return to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.
HOS Frequently Asked Questions (FAQ) - Federal Motor Carrier Safety Administration
E-1. What is a "duty tour" as the term is used in Part § 395.1(o)?
The 16-hour exemption in § 395.1(o) is designed for one-day "duty tours." The duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and sleeper berth time.
E-2. If a driver is "on duty, not driving" during the 15th and 16th hour of his duty tour and does not drive after that, has he used the 16-hour exception in § 395.1(o)?
No. Example: If a driver was on duty 16 hours on Wednesday, but didn't drive after being on duty 14 hours, could the driver use the 16 hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations
(11-, 16-, and 60/70- hour rules) were met?
In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in Part § 395.1(o) and also remains in compliance with Part § 395.3(a)(1) and Part § 395.3(b). Although the 16 hours on-duty on Wednesday will count toward the driver's 60/70 calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14 th hour.
E-3. May a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?
As stated in § 395.1(o) and current § 395.1 Interpretation Question 15, a driver having more than one work reporting location could use the § 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of
§ 395.1(o)(1) that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..." A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless he worked six days per week, and then the exception could only be used on the sixth day.
E-4. May a driver utilize the adverse driving rule, which extends the driving time by two additional hours, in conjunction with the 16-hour exception?
No. A driver may not use the exception for adverse driving conditions while also using the 16-hour exception for property-carrying drivers. Section 395.1(b)(1)(ii) of the adverse driving conditions exception specifically states that a property-carrying driver may not drive or be permitted to drive after he/she has been on-duty after the end of the 14 th hour after coming on-duty following 10 consecutive hours off-duty.
E-5. When the "16 hour exception" is used, may sleeper berth periods or extended off-duty periods be included in the "duty tour?" How does this affect team drivers?
The § 395.1(o) exception for property-carrying drivers is for drivers who return to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.
HOS Frequently Asked Questions (FAQ) - Federal Motor Carrier Safety Administration
Driver discretion...thats what I read...it is amazing how conway manipulates the drivers to semi-force them into the 16 hour stuff...my FOS at our terminal routinely puts 14 hours available on the paysheet mon-thursday and then on friday puts 16...i always cross it out and reverse it just to aggravate him on a daily basis...
wonderring99
TB Veteran
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That hour box you speak of is for a running total of hours left available for the WEEK not daily.. monday you have 60 ... tuesday 48 3/4 -- you get the drift .... you are not suppose to put 14 in the box .. or 16 like your dumb dumb fos does on friday
It is about time I read some true information on here.
That's right don't go over your 70 or you will get a shiny,new LOI!
he is a funny guy...
That's right don't go over your 70 or you will get a shiny,new LOI!
This is about the only thing i havent been written up about...
wonderring99
TB Veteran
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yep ... i made sure if was going to burn a 16 i did it monday .. if at all possible.
Yeah me too! I think they had to buy a new filing cabinet just to store all of mine.
Here is one for the loop...
conway gets away with not paying linehaul (as I was told by management (and they never lie) when i first started)...because our punches are in different states...which would hold true to most but not all, i.e..XEE-XSX and so on...anyways...if that were the case, how come we dont have to pay state income tax in say NJ (XHR-XNJ)...but the XEE-XSX, or XWO-XSX, or XBY-XAB, etc proves that maybe the truth was misrepresented to me???
conway gets away with not paying linehaul (as I was told by management (and they never lie) when i first started)...because our punches are in different states...which would hold true to most but not all, i.e..XEE-XSX and so on...anyways...if that were the case, how come we dont have to pay state income tax in say NJ (XHR-XNJ)...but the XEE-XSX, or XWO-XSX, or XBY-XAB, etc proves that maybe the truth was misrepresented to me???
Yeah me too! I think they had to buy a new filing cabinet just to store all of mine.
My TM told me once that they would have to contract DHL to bring a copy of my personnel file...funny...and most of my discipline (2 suspensions, etc) all had to do with insubordination issues with the FOS who got fired for "he's no good" as our former RM told our TM when the TM was trying to get his job back after someone ratted him out to the CEO for falsifying the re-weighs...interesting how things often come full circle...but the bottom line is..conway did not get me...injury did.