How Many Hours

Discussion in 'Estes Express Lines' started by DRIVERMAN77077, Apr 22, 2006.

  1. MTHelmet

    MTHelmet Member

    Messages:
    334
    Likes Received:
    1
    Trophy Points:
    18
    Traffic accidents even with road closure don't apply. You can only extend your time if it is to get to a "nearest safe haven". Dispatch is not excused for not knowing about weather. It IS THEIR JOB to know about forseeable conditions since they are in control of putting drivers on the road. Many court cases back that one up.

    It mainly boils down to your presentation to the officer of what your circumstances are and his/her mood when you're talking to them. Best piece of advice is DO NOT try to fudge anything on this. It's not worth your job and no employer or supervisor is going to do anything but save their own neck.
     
  2. nightowl

    nightowl Active Member

    Messages:
    800
    Likes Received:
    185
    Trophy Points:
    43
    i also beleive that even though you may extend your driving time you still may not extend the 14 hours, exept once a week if you report and are released from duty at the same place.
     
  3. BIG STEVE

    BIG STEVE Member

    Messages:
    602
    Likes Received:
    0
    Trophy Points:
    16
    sling blade
    according to the FMCSR yard jockeying is considered on / duty driving
     
  4. nightowl

    nightowl Active Member

    Messages:
    800
    Likes Received:
    185
    Trophy Points:
    43
    even though you are not required to have a cdl? any dock guy, janitor or secretary can jockey in the yard.
     
  5. MTHelmet

    MTHelmet Member

    Messages:
    334
    Likes Received:
    1
    Trophy Points:
    18
    The MAIN thing to remember is you are a driver and ANY driving you do once you start doing any work for your company counts against your drive time.

    You have to remember, once you are a "CDL" licensed person you are under separate laws and should never try to associate anything else with you. Once you begin any work for your company, it goes in your log, even if you're waiting once you get there (even without pay). Another VERY IMPORTANT thing to remember is if you have any injury, illness or issues related to your work environment, you'd better be on that log or your employer will tell you where to go. NO-ONE including supervisors are going to stick up for you.
     
  6. MTHelmet

    MTHelmet Member

    Messages:
    334
    Likes Received:
    1
    Trophy Points:
    18
    Let me clarify waiting without pay. If you're told to report at a certain time and you show up but then they say it's not ready and to wait, most state laws require the employer to pay from the time of reporting. Only way out of it for them is to call you prior to normal time it takes to get to work. This is to protect you from being abused and for Workers Comp issues. Federal and state laws both require you to log once you arrive and report for work at the scheduled time. Of course it's totally up to you on how you handle it, but most drivers I know are now sticking to the law and pressing the reporting time issues so they don't try to take advantage of the driver and make him wait.

    Also, Estes says they don't pay for the first three hours breakdown when there is an equipment issue. IF there is an equipment issue when you are at any terminal (awaiting verification for turn point) picking up a load and doing your pre-trip, that is not "breakdown" time. Estes will argue about it, but state law will shut them down fast. You have not hit the road or assumed responsibility and therefor you are to be paid all the time waiting for repairs. The difference here is if you do a proper pre-trip, you don't take responsibility for any equipment until it is road worthy, legal and safe. So, you can't break down and you go back to on-duty not driving time. The majority of the states are on board with this. A few even support this at a turn since you do a pre-trip before assuming equipment. Waiting for these few to verify. Long winded but alot of misunderstandings and abuse out there. WE ALL NEED TO STAND TOGETHER TO STOP COMPANIES FROM ABUSING AND RIPPING US OFF!!!!!!!!!!!!!!
     
  7. serta

    serta Active Member

    Messages:
    1,572
    Likes Received:
    1
    Trophy Points:
    38
    Just curious were you got this from, the law saying you have to be paid for waiting. Would like to see that for myself. Hopefully its true.
     
  8. MTHelmet

    MTHelmet Member

    Messages:
    334
    Likes Received:
    1
    Trophy Points:
    18
    Just go to your states labor site. Usually it's in the FAQ's area. You are told a time to report and at that point the state binds the company to the rule. If your equipment is not ready to move whether for failure to have ready or mechanical issues, you still reported when you were told to and the employer is obligated to pay you. Now, of course they could have you on the docks, hostling, anything they want but they still are obligated to pay you. Again, state by state, do a little research on your states labor pages.
     

Share This Page