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ben45750

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why does Con-way think that you have 16 hours available every night?

This past Friday, clocked in to work the dock at 7:30 pm. After working for 2 hours they gave me a run to XDE (from XCO). Got there and worked for a couple hours and told the sector supervisor I had to watch my hours and told hom I needed to get back by 9:30am (following the 14 hour rule). Anyways he told me I had plenty of time and that I had 16 hours. Didn't feel like arguing but why do all the supervisors think we have 16 to drive in a night?

I understand the adverse driving condition rule but working on the dock is not covered by that?



§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-

Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.
 
I think this is the reg they refer to.


§395.1(o)

(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if:

(o)(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;

(o)(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and

(o)(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).
:chairshot:
 
xco_dsr said:
why does Con-way think that you have 16 hours available every night?

This past Friday, clocked in to work the dock at 7:30 pm. After working for 2 hours they gave me a run to XDE (from XCO). Got there and worked for a couple hours and told the sector supervisor I had to watch my hours and told hom I needed to get back by 9:30am (following the 14 hour rule). Anyways he told me I had plenty of time and that I had 16 hours. Didn't feel like arguing but why do all the supervisors think we have 16 to drive in a night?

I understand the adverse driving condition rule but working on the dock is not covered by that?



§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.
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XCO, the regs you are quoting there allow for 2 additional hours of drive time. You can drive for up to 13 hours to reach either your home terminal or a safe place to park (which ever is closer... ie: if that truck stop is 1/2 hour closer than your barn you can drive over 11 hours to the t-stop but no farther, and not more than 13 hours). the 16 hour rule allows drivers who return to their place of origin every day to work an additional 2 hours (however, this can not be on line 3, drive time.) Rev It Up posted the correct sections there. so basically once a week you can log an additional 2 hours on line 4 (on duty, not driving) and still be legal. (assuming of course, you don't go over your 60/7).
 
ya but they say you can go over 60 if your not driving ... trooper told me 60hrs means 60 hrs quit pushing the limits ... if something bad happens your going to get hung out to dry in court ... seen it several times ...just relaying what was told to me
 
xco_dsr said:
thanks guys, kind of understand it now.
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Just remember xco_dsr that if you get caught in viloation of the hours of service it's your license and your job on the line.
 
scroodigan said:
ya but they say you can go over 60 if your not driving ... trooper told me 60hrs means 60 hrs quit pushing the limits ... if something bad happens your going to get hung out to dry in court ... seen it several times ...just relaying what was told to me
Click to expand...
C.F. wouldn't hang us out to dry,We our co-owners and team members.
 
well also conway will take every ounce they can out of you ,energy,hours,SANITY ,..they dont care all that matters to them is getting the freight moved. next time a fos says to you "you got 16 hours" tell them to hold your bills and dont let nobody use your forklift i got to make a call to linehaul then maybe his attitude will change. and if linhaul wont do anything about call the local D.OT. or state police authority. and tell them they are forcing you to work beyond your limit.
 
They can do it to you once a week. If they already used the 16 hour rule, they can't use it again until you have a 34 hour restart. So if your F.O.S. tells you to do it once, well, your stuck. If he usues it more than once that week, then call linehaul.
 
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