Hello and Thanks for the great info on this forum -
I do have a couple questions and figured I'd ask here before I bothered the State Patrol. I work for an excavating company that does cross state lines on occasion and does travel outside the 100 air mile radius occasionally.
1.) If we stay within the 100 air mile radius, do we have to keep logs or just keep timecards? Does it matter if you cross state lines but are still within the 100 air mile radius?
2.) If you travel outside the 100 air mile radius and establish a new normal work reporting location for the week (ie. hotel), do you need to keep logs? Example would be to leave Monday morning going to a jobsite 150 air miles away and then coming back Friday afternoon to the shop, working all week within 100 air miles of the hotel.
Again, this is for the transportation of construction equipment and materials. Any info is appreciated!
Construction Materials Transport Advice
Discussion in 'Trucking Industry Regulations' started by scuba2280, Jan 31, 2013.
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As far as keeping a log, I'll never understand WHY a driver wouldn't for the small amount of time it takes to complete one. -
Why keep more information, that could be used against you someday, if you don't have to? Most of our guys are not professional truck drivers. They are laborers and operators that move equipment and build roads. If they accidentally draw a line at 6:15 for on duty instead of 6:30, when 6:30 was actually the time they started pre-trip, and that one accident meant they only had 9.75 hours off instead of 10, what do you think happens when logs are reviewed.
Thanks -
OK - think I found the answer to my question #2 above. Logs would only be required on the days we are not eligible for the 100 air mile exemption and we would not need to have logs for the prior 7 days, just the day we do not qualify. If that is not right let me know what you think?
Another question - We typically do not pay our guys until they are on the jobsite, so not 'on duty' until on site by our definition. For example, when they drive their foreman's truck with a skidster behind it and are over 26,000LB, they are not on duty until they are on site, but are driving the CMV for their personal commute. They can then work their 12 hours 'on duty', go off duty and drive home with their CMV. Is that correct? -
OK, here's my take on this. In '03, I worked for a company based in Fontana, Ca. We went to Bishop Ca. for a two month job paving US 395. During the week, we stayed at a motel just blocks from the batch plant and worked with-in 15 miles all day doing asphalt. BTW, Bishop is 240 mi from Fontana. On Friday nights, we headed home (Fontana) on a company bus. At the start of this job and subsequent similiar jobs, management had the CHP come in and give us a pep talk about what's legal and what isn't. Staying at a motel in the job city qualifies drivers to use the motel as a base and therefore no logs required. Driving to the out-of-town city (job site) needed to be logged.
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Thank You
From your knowledge, if you will be working within the 100 air miles and are not required to log, would the time spent traveling to and from the site from the office count towards your 12 hours on duty? Typically, our foremen will meet with the crew at the shop and depart, instead of everyone driving seperately. They are not 'on duty' at this point or 'being paid' until they get to the job. -
Their travel time from the office to the work site in a Commercial Motor Vehicle is by definition On-Duty time and counts in the 12 hour limit required for the 100 air-mile exemption. The fact that they are not paid for that travel time does not alter their duty status.
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Yeah, I agree. Driving a CMV starting from the motel is "on duty" time. However, kind of a grey area, if you "bobtail" from the work site and use the power unit as personal conveyance to and from the motel, then it's not "on duty" time. Just curious, are you trying to max your working hours by working 12 every day ?
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Thanks again - What if the guys drove straight from home and did not come to the office? That may upset them but would that be considered personal commute?
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