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FedEx Freight | 16 Hour Rule Exception

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hurricane64

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With all the changes happening at my Barn, quite a few drivers have had to use the 16 hr exception in the last 2 weeks. :hissy: It was my turn last night. What could go wrong, did! With new customers coming on, and old ones leaving, I think this rule will get used more. So here's my question and interpretation of rule. Is it once a week, after the 34hr reset? Or is it 7 days before you can use it again? I think its the later. With this CSA 2010 "criz ap", I don't think I want to get "dinged" for working too long. So what do y'all know, or think about it?
 
Thanks Iceman. :iamnotworthy: What I just read on that website: Even with the 16 hr exception, we can't continue driving after the 14th hr of your start. So whats the nonsense the safety people say " that its ok to use it if you can usually complete your run, from home terminal to home terminal, under normal circumstances? I guess I should start packing an overnight bag and warn the wife :hissy:, about impending 2 day trips. Thanks again
 
[quote author=Hurricane64 link=topic=81489.msg840919#msg840919 date=1277611000]
Thanks Iceman. :iamnotworthy: What I just read on that website: Even with the 16 hr exception, we can't continue driving after the 14th hr of your start. So whats the nonsense the safety people say " that its ok to use it if you can usually complete your run, from home terminal to home terminal, under normal circumstances? I guess I should start packing an overnight bag and warn the wife :hissy:, about impending 2 day trips. Thanks again
[/quote]

I believe you mis read it Hurricane. The question I read after clicking on the link was asking about combing the adverse weather rule....(13 hr driving in a 14 hr day) and the 16 hr rule...Which you can not do.....To answer the original question, you can use the 16 hr rule 1 time anytime during your work week and then use it on Monday of the next week......In other words you can use it on Friday and then again on Monday because they are different work weeks.. :thumbsup:....Hope this helps..
 
As long as you have a 34 hour reset. Here's the rule per the pdf file the Feds have available to download here.

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 duty period 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).

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).
 
I agree he was inter mixing the rules. Yes you can't drive after 11 and now days hard to justify going beyond that rule, and like the rule cleary says once a week. The rule says you must return to where you started yet we had a driver use the 16hr rule and not make it back (he fell short by 100 miles) and the supervisor and saftey manager said thats legal. I don't believe it was but as far as I know the driver never got a log violation. :shift:
 
That's kinda the whole point of the 16 hour exception is to make it back. If there was no way to make it back he wasn't eligible to use it. It amazes me that drivers don't educate themselves better when it comes to their job. The end up depending on their supervisors to tell them what to do.

Midnight, your supervisor knows just enough to get you in trouble. Nice guy, but I sometimes shake my head at some of the stuff that comes out of your barn.
 
Thanks IS57Racer and Guardrail, I do appreciate the info. What I read, and failed to convey was that you couldn't drive after your 14 hrs were up. Maybe I'm looking at it wrong. Here's the scenario, drove 600+ miles, logged 10 hrs. Started/ logged on kiosk 8pm, waited til 9:30 for relay,pre-trip left 9:45, drove 5 and swap, left 2:30, brokedown 1hr later and didn't get back til 11am. I was still driving after 14hrs on duty. What do y'all think, log violation or no? Yes, I put 16 hour rule exception in the body of comic book. And, yes this is my bid run and, no I don't have $100 dollar bills fallen out of my pocket, my wife does!!!
 
You are mixing up two different exceptions. The weather exception allows you to drive 2 more hours (13) as long as you didn't have prior knowledge of the weather delay and you do not drive past your 14th hour.

The 16 hour short haul exception allows you to drive past the 14th hour but you still are limited to 11 hours driving. You can not mix the two. You use one or the other.
 
[quote author=Hurricane64 link=topic=81489.msg841083#msg841083 date=1277660037]
Thanks IS57Racer and Guardrail, I do appreciate the info. What I read, and failed to convey was that you couldn't drive after your 14 hrs were up. Maybe I'm looking at it wrong. Here's the scenario, drove 600+ miles, logged 10 hrs. Started/ logged on kiosk 8pm, waited til 9:30 for relay,pre-trip left 9:45, drove 5 and swap, left 2:30, brokedown 1hr later and didn't get back til 11am. I was still driving after 14hrs on duty. What do y'all think, log violation or no? Yes, I put 16 hour rule exception in the body of comic book. And, yes this is my bid run and, no I don't have $100 dollar bills fallen out of my pocket, my wife does!!!
[/quote]

No log Violation there... :clap: Bottom line you started at 8pm and went off duty at 11pm....15 hrs with less than 11 driving...Your good....Very important as you stated to note the 16 hr rule exception in the comment section of your log.....failure to do so will net you a violation....


Under the 16 hr rule you can drive after the 14th hr as long as your total driving hours are 11 or less.

Another important note is under the inclement weather rule (as I call it) 13 hrs driving in 14 hr day, you can use this rule multiple times a week whereas you cannot under the 16 hr rule as previously discussed.
 
LoL gaurdrail your not the only one. That driver did it to get over sherman to get to cheyenne but he was at the 14hr mark when he got to Laramie. Like you my day would have been done. In the end its on the drivers :thumbsup:
 
I have never heard of driving 13 hours in a 14 hour day rule. The 16 hour rule is to be used only for unforseen things like weather or a accident that close the road which caused u not to do the trip in the normal time. It is NOT to be used to finish your run. Its only to get u to the next safe haven and off the road but of course dispatchers want u to complete the run as you do to so it dont mess up your next day run. It is a driver option too. This is the most abused rule in the book. Stop at a scale and ask. I do that all the time if I have a question.
 
[quote author=Spooner link=topic=81489.msg841268#msg841268 date=1277698343]
I have never heard of driving 13 hours in a 14 hour day rule. [/quote]

That is the adverse weather rule that allows you to extend your driving time to 13 hours.

§395.1 Scope of rules in this part.

(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive—

(b)(1)(i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;
 
[quote author=Guardrail link=topic=81489.msg841271#msg841271 date=1277699592]
[quote author=Spooner link=topic=81489.msg841268#msg841268 date=1277698343]
I have never heard of driving 13 hours in a 14 hour day rule. [/quote]

That is the adverse weather rule that allows you to extend your driving time to 13 hours.

§395.1 Scope of rules in this part.

(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive—

(b)(1)(i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;
[/quote]

Thanks Brother......That would be the one.
 
Amazing anyone would argue with racer or guardrail. These boys are saying it right. Well copy and paste-ing correctly ! But some guys know better than the rules state
 
Out west we call it the two hour exemption rule. 13 Hour rule OK. Only used it to get to motel and get the 8 hours lay over pay. Told boss dont expect me to chain up over Donner this winter. Play it like the east coast driver and park it at the motel.
 
[quote author=Spooner link=topic=81489.msg842421#msg842421 date=1277955653]
Out west we call it the two hour exemption rule. 13 Hour rule OK. Only used it to get to motel and get the 8 hours lay over pay. Told boss dont expect me to chain up over Donner this winter. Play it like the east coast driver and park it at the motel.
[/quote]
I for sure won't bid on the Carlin Nv. run if you are going to spend the winter in the motel. I know Donner sucks, but you make your money driving.
 
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