8/2 rule clarification in texas

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by joseph1853, Jul 7, 2017.

  1. joseph1853

    joseph1853 Road Train Member

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    Ok I've personally never had to use the 8 hour rule being that I've really never understood it and didn't see a necessary condition to require me to figure it out but with the new ELD mandate I'm thinking I'd better start figuring it out. I now usually split my runs up for example I'll start my run out Sunday at around 11p.m. and drive until around 3a.m. Monday morning which would be at that point 4 hours drive time. i'll typically park at the delivery location were I will be unloaded and they will knock on my door after unloading and I'll be on my way which would be around 11a.m. Monday afternoon so there would be an 8 hour break there. then I'd drive back to my home terminal getting there around 3p.m. and then repeat for the next day. my question is would this be legal? I was under the impression until around an hour ago (reading the texas reg's) that we had to have a 10 hour break with the exception of the 8/2 split.. I read that here in Texas though 8 hour breaks are all that is required.. anyways if anyone can give some clarification on this would be appreciated. I split these runs up like this so that I don't have to deal with Houston traffic in the morning.
     
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  3. scythe08

    scythe08 Road Train Member

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    Here's what I found. It was surprisingly hard to locate.
    Screenshot_20170708-103155.png
     
  4. brian991219

    brian991219 Road Train Member

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    As long as you qualify as a Texas intrastate carrier, and so does your freight then you can use the Texas rule set. The determining factor will be the origin and/or final destination of your freight, as long as it comes from within Texas and is staying in Texas then you can operate under the Texas rules.

    So yes, if you qualify as an intrastate Texas carrier 8 hours off-duty is all that is required between your shifts, and you get 12 hours drive time and 15 hour duty cycle click.
     
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  5. aussiejosh

    aussiejosh Road Train Member

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    wow 12 hours drive time glad you've finally caught up us drivers down under we've been doing that forever 5 on 1/2 off 5 on 1/2 off 2 on 10 off.
     
  6. brian991219

    brian991219 Road Train Member

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    Our hours of service are a joke in America. We run under a few different sets depending on the type of operation you are. Most common is an Interstate carrier, regulated by the Federal government and these are also the most restrictive. Then several of our States have their own set of rules that permit longer work days, but only if you stay within that State. The catch is we also determine hours of service based on the freight's origin or destination so it is possible to never physically leave one State but still have to comply with the Federal rules.

    We do give some industries breaks, oil drillers and passenger carriers (motor coach buses) are the two that get the most Federal flexibility. Our old rule set, which changed in 2004 allowed us to run like you do, we had 10 hours drive time in any 15 hour period, reset with 8 hours off plus you could break that 8 hours up into 2 hour segments allowing you to basically run 24/7 with short little naps. Not anymore, and now they are forcing us to install tattletail devices to electronically monitor our engine, gps coordinates, and movement to insure we comply with the hours of service rules.
     
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  7. joseph1853

    joseph1853 Road Train Member

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    That's what I thought. Looked it up and waded through all the lawyer jargon and got pretty much what your saying. Funny all this time I've been running under federal rules not realizing Texas has there own. Love this state more and more.
     
  8. joseph1853

    joseph1853 Road Train Member

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    Yeah I found that shortly after posting this thread. I don't much care typically for reading this type of literature for all the lawyer jargon but I did anyways and was able to figure it out but still nice to find others deciphering it equally. Starting to sound like a lawyer myself lol..
     
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