Can a company split the amount of drivers that run a 60 hour week and others run a 70 hour week? I other words where I work Con-Way out west and in the south run 70 hours in 8 days. With the restart they actually work 70 hours in 5 days. In the area east of the Mississippi we run a 60 hour in 7 day, which is actually in 5 days. Being one whole company don\'t Con-Way have to follow either the 60 or 70 hour rule? Or can they do both? To me and a lot of our other drivers I know, 60 hours in 5 days is plenty and 70 hours in 5 days is just too much to ask. Thank you, I am looking forward to recieving your reply,
You’ll find the answer to your question in the following FMCSA guidance - Question #1 for §395.3 Maximum Driving and On-duty Time.
Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance: Yes. The only restriction regarding the use of the 70- hour/8-day rule is that the motor carrier must have CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers' hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses.
The assignment of individual drivers to the 60-hour/7- day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.
You’ll find the answer to your question in the following FMCSA guidance - Question #1 for §395.3 Maximum Driving and On-duty Time.
Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance: Yes. The only restriction regarding the use of the 70- hour/8-day rule is that the motor carrier must have CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers' hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses.
The assignment of individual drivers to the 60-hour/7- day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.