Discussion in 'Central Transport' started by com-on, Jan 10, 2013.
by fed law, you are entitled to a 30 minute break at any job over 6 hours, if you choose not to take it, that is your choice (and many at my place do not) but some of us DEMAND our 30 minute break. ask me to come in early, work late, do this, do that, but they never offer lunch, i take it on my own when and where i want, pure and simple. if it means getting back at 8 instead of 730,,,,,, the world will not end,,,, break someone else's trailer first then i will be in and you can do mine.
i will not donate 2 1/2 hours a week to working for free, and neither should anyone else! ask that shipper to skip his 30 minutes to load or unload you? what was his answer? why should you do it for free either!!!!!!!
i take one 30 min lunch and two 15 min breaks. : )
The transportation industry is EXEMPT from this rule; look it up. Vitran follows the rule because they choose to.
OK, the new "lunchbreak rule" starts this summer; my bad! It's about halfway down the page (3)(ii)
Examples: Medical Form, 391.53, 391
< 395.2 395.5 >
Hours of service of drivers
§ 395.3Maximum driving time for property-carrying vehicles.
(a) Except as otherwise provided in §395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:
(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;
(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty
(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.
(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Through June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.
(2) Through June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.
(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.
[76 FR 81188, Dec. 27, 2011]
Look, not trying to tell you how to think here, but, as other can tell you, I am the last one you want to try and quote the law to on here. i mean that in a nice way, so don't take it personally.
I am talking current law..... you are not correct. Transportation and Farming are exempt from overtime, but not from breaks if you are an hourly employee and not paid regardless if you get it or not, the key here is HOURLY EMPLOYEE,,,, truckers on miles and supers on salary are entitled to nothing. if you are an hourly secretary and have to answer the phone for 8 hrs a day, you are not entitled to a 30 minute break if you are being paid for 8 hours and that is all you work. this law also includes anyone not allowed to use the time "as their time" or told they cannot leave the company property,,,a factory worker doing a 7 to 7 shift and cannot leave on lunch is required to be paid for a lunch, and is entitled to it... look it up. in same respect, you are entitled a 30 minute break, BUT, the company may regulate WHEN you take it. they can refuse to let you take it a 2pm and tell you that you can take it when you get back at 7pm (technically a 10 hour day with no break) and it is legal (just ask all them UPS package drivers who don't get lunch till they get back and must sit in a break room with no tv or cell phone or they just worked for 30 minutes that day with no pay)
Same thing as reporting at 925 for your starting time of 930 and they tell you to go get a coffee and not punch in. this is against fed law. anytime you must be on company property and punch in at a certain time or be charged a tardy, an employer may not refuse to let you punch in, but just the same you may be assigned to sweep the dock or shovel snow, as an hourly employee you have to do any job within your OSHA class (they cannot tell you to go fix the roof or dig an underground trench). I was an area Manager for a company (not trucking) and had to know and be held responsible for these laws
Safety Alert Letter??? I will ask about it Monday night when I go in. Don't think I have ever seen one of those. Maybe it's just for the city p&d drivers, because nobody in linehaul at my place has ever been informed that we are no longer on the 70/8 schedule.
It does say that P&D is 60/7 and line haul is 70/8. Shows u how to make out the logs as well.
and 60 minus lunches is 57.5
those hours are from punch to punch,
Yes sir, I do know that now. Since I should have had 3 of those violation letters by now.
That's pretty much what we thought. I will tell him to look at those companies. The problem is that I'm the one that gets to enter all the info into the online app - he has no patience for it and one app can take him a couple of hours. LOL Thanks!
If you read in the FMCSA rules under EXEMPT, you will see three seperate provisions by which I beleive that MOST of the P&D guys are exempt from the H.O.S. rules. 1. Many of us work within a 100 "air-mile" radius of our home terminal. Many do not understand that a "air-mile" is the same thing as a nautical mile in the eyes of the feds. A nautical mile is farther than a statute mile. 100 air miles = almost 116 statute miles. 2. We are driver-salesmen in the eyes of the feds. We actively persue additional business and hand out company literature, i.e.; pro labels, bills of lading, route guides etc. 3. (May or may not apply) Exempt if not more than 50% of your total on duty time is not driving. If you work the dock bfore or after your city route, chances are that you actually are not driving, sitting behind the wheel, for more than half of your on the clock time. Yall look it up. Its in there. Somewhere around 29CFR something or nuther... Read it and holler back what yall think.
I find the hand book funny......The first page headline's.....Welcome to Vitran Express....Then the very first thing say's........All employment is presumed to be at-will, which means that any team member may be discharged with or without cause.............Damn people don't you feel the love????????? They didn't waste any time letting you know where you stand......Seems they could have slipped that in the back pages......Kinda rude if you ask me.
1) Air miles is a map mile according to the FMCSA office in Chicago IL, I went through this years ago about log books with dump trucks. Draw a circle with a protractor is how they do it. 2) Driver salesman is a truck dealer salesman, not a commercial driver like us. Your dealer delivering or picking up a tractor with no trailer, or a straight truck with no freight, once it is transporting freight then it becomes a commercial motor vehicle. 3) 50%? The law says leave and return to same place within 12 hours. Do a 11 hour day, return and punch in on dock for the time it takes to go to the bathroom, then punch back to P&D and work another couple hours, my state says no logbook needed since i can prove i was at property within 12 hours (thank you fingerprint chronos). You need to check with your state, some have looser or tighter laws than the feds (if i stay in state i can work 16 hours with 8 off and driving up to 12 with 70/8 rules, cross a state line or go beyond 100 miles and it is back to the fed laws, they did this for dump trucks and farmers. but Vitran has set rules country wide) 4) logbook is under CFR 395. ,CFR 29 has been pretty much eliminated and replaced with "Commercial Zone" yearly inspections, ect.
All of you all should read Summary of Hours-of-Service (HOS) Regulations - Federal Motor Carrier Safety Administration this is effective 2/27/13 with total compliance by 7/1/13. If you want a cheat sheet as to what is most common at getting broken around here, just look at our history of inspections page at Federal Motor Carrier Safety Administration: SMS - Safety Measurement System - Generic Error Page you will find the regulation much easier than trying to read 10,000 pages of outdated wording
N.W. I clicked on link and it says "ERROR HAS OCCURED". Whatever the "V" wants..., so be it.
safersys.com, then click on company snapshot, click name, enter Vitran, click on Vitran Express Gibsona PA, click on SMS results, click on print ready measurement profile,,,,, enjoy
Nice that we have something in writing now
that's how this place always ran, with threats and intimidation.
Well.....Brother they can try....But some don't play that...When you stand about a foot taller than most and don't have alot to lose....It is usually them that feel intimidated.