XPO | 16 hour rule

[Aggressor]

The thing I wonder? Did the DOT officer let the driver leave in the truck or make someone come and get him? If he let him go how can he write him a warning that he was over on hours and then turn around and let him go? We know though that you can use the exception on a A-B-A run once a week between a 34 hour restart. I didn't see in the story what happened after he got the ticket?

He was written a warning ticket for using the 16 hour rule the previous week. He was close to his 14 so he was shut down & had to be picked up.

 

[Lawofone]

Actually Lawofone, it IS the driver's responsibility to know the rules/regulations, in the eyes of the law...

This I know, been at it for 34 years. I also carry the reg book in the truck. The point that I was trying to make, was that the safety person needs to prove the driver wrong, not just say that this is the way it is with no proof. You know how people are when they talk out of both sides of there mouths, show it to me in black and white, and if I am wrong I will say i`m sorry, and will abide. I`m not telling anyone to take a side one way or the other, we have rules to follow, let`s read them in black and white and we will follow what they say. Now mind you if I have driver fatigue and have to pull over for a couple of hours and log it that way, don`t be calling me xgo and tell me that I can not do that. You see Highway, I`m only following the rules that are put down that we have to follow, not Con-ways but the federal, state, and locals first and then Con-ways.

 

[HiwayHombre]

This I know, been at it for 34 years. I also carry the reg book in the truck. The point that I was trying to make, was that the safety person needs to prove the driver wrong, not just say that this is the way it is with no proof. You know how people are when they talk out of both sides of there mouths, show it to me in black and white, and if I am wrong I will say i`m sorry, and will abide. I`m not telling anyone to take a side one way or the other, we have rules to follow, let`s read them in black and white and we will follow what they say. Now mind you if I have driver fatigue and have to pull over for a couple of hours and log it that way, don`t be calling me xgo and tell me that I can not do that. You see Highway, I`m only following the rules that are put down that we have to follow, not Con-ways but the federal, state, and locals first and then Con-ways.

lawofone,
My post wasn't meant to slight or damage your credibility at all. It wasn't, and never is, my intent to do so. I know that the post was short, so allow me to expound further on the intended point...
Yes, ultimately it is the driver's responsibility to know all rules and regs. pertaining to the execution of their duties. A disagreement with a supervisor over mandated rules and regs., especially when you are right, is a golden opportunity to strenghten your credibility and garner a bit more of respect (when done correctly) with them when YOU can show THEM that they are incorrect in their persumption. I have long advocated to everyone that I come into contact with, in this business, to arm yourself with the knowledge of the complex rules and laws governing this industry.

 

[Lawofone]

Hiway, are you sure we are not brothers? I understand what you are saying, and I hope that what we have wrote here will help others to do what they have to do to make there job a little better to cope with. I have long been the type of person that would say to anyone that if you don`t know your rights, you don`t have any. You have a good day, and let`s hope that the person that started this thread finds the answer that they are looking for. There was some very good links for that person.:USA:

 

[Aggressor]

Hiway, are you sure we are not brothers? I understand what you are saying, and I hope that what we have wrote here will help others to do what they have to do to make there job a little better to cope with. I have long been the type of person that would say to anyone that if you don`t know your rights, you don`t have any. You have a good day, and let`s hope that the person that started this thread finds the answer that they are looking for. There was some very good links for that person.:USA:

I understand the rules & know them , I posted this thread as an education tool since there is so much misunderstanding of the 16 hour rule by management.

Maybe a memo will get sent out now.

 

[ruralmaiden]

Hiway, are you sure we are not brothers? .................if you don`t know your rights, you don`t have any. You have a good day, and let`s hope that the person that started this thread finds the answer that they are looking for. There was some very good links for that person.:USA:

Thank you, lawofone, for understanding that I am very much in touch with the fact that I still sit off duty losing income over the fact that my statement now to the company dictates that my day was extended three hours beyond what it should have been, under the company's demand, And by the company's hand in mistakes to begin with. The "nitty gritty" of the issue here, hombre, is determining WHERE in that book it specifically states that there is or is not a restriction that holds me to the 14 hr rule when I leave home, cross a state line, make three stops, cross another state line and go home. As everyone else Appears to believe, who are connected with me directly, is that when I cross a state line I am over the road and am no longer local; further, on the new HOS posters recently distributed They state the 14 hr rule applies to CMV holders, and the 16 hr rule once a week applies to a Non CMV holder. Perhaps I should get in touch with the big guys in Washington and Oregon DOT and ask them of their own interpretation, as I am based in Washington and the company is based in Oregon. Frankly there are thigns here that dictate a mixed message in the regs, and I felt it important to reach out to some fellow drivers for their feedback; I appreciate all of it.

 

[HiwayHombre]

Thank you, lawofone, for understanding that I am very much in touch with the fact that I still sit off duty losing income over the fact that my statement now to the company dictates that my day was extended three hours beyond what it should have been, under the company's demand, And by the company's hand in mistakes to begin with. The "nitty gritty" of the issue here, hombre, is determining WHERE in that book it specifically states that there is or is not a restriction that holds me to the 14 hr rule when I leave home, cross a state line, make three stops, cross another state line and go home. As everyone else Appears to believe, who are connected with me directly, is that when I cross a state line I am over the road and am no longer local; further, on the new HOS posters recently distributed They state the 14 hr rule applies to CMV holders, and the 16 hr rule once a week applies to a Non CMV holder. Perhaps I should get in touch with the big guys in Washington and Oregon DOT and ask them of their own interpretation, as I am based in Washington and the company is based in Oregon. Frankly there are thigns here that dictate a mixed message in the regs, and I felt it important to reach out to some fellow drivers for their feedback; I appreciate all of it.

The rule applies whether you're performing interstate or intrastate duty. The 16 hour rule applies to all CDL holders only if your company elects to use it. Washington and Oregon should have nothing that supercedes Federal code.