The FMCSA has released its Interpretations of the rules we drive and log by, this was done shortly after the rules released(Earlier interpretations were scrapped for the new ones.) Section 395 as we all know is Hours of Service. The FMCSA has broken each subpart of this section down and given it's interpretation. These interpretations are what the DOT enforcement officers are using to determine if you have broken the law. Here is the site for these interpretations(Questions and Answers).
http://www.fmcsa.dot.gov/rules-regu...p?rule_toc=764§ion=395.8§ion_toc=1942
These should answer any questions people have about logs and requirements. If you have a question, go straight to the source, don't ask another driver on the CB. I have called the my states motor carrier enforcement section more than once to answer questions and they seem to be happy to help. If you want to stop and ask someone in the scale house, they don't bite and I have never been inspected or even had my logbook requested. These DOT guys are only pricks when you give them a reason to be.
FMCSA Interpretations on 395.8 Record of Duty Status
Discussion in 'Trucking Industry Regulations' started by n4mgr, Nov 27, 2007.
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My biggest beef right now is with the way the 14 hour rule is set. Before, you could stop, take a 4 hour nap, and then you would still have 4 hours left to drive.
You could take a half hour break to shower, grab a bite to eat, make a phone call, whatever.. And, you would still have that half hour to drive.
The change makes no sense to me from either a safety standpoint, or from a business one. And the reason is this, you start your 14 hour clock, and until you spend 8 hours in the sleeper birth you are burning that clock down, you can't stop, take a nap, or a break if you're tired or stressed.. Instead, drivers are basically forced to keep pressing away at that clock until that 14 hours is extinguished.
Doesn't it seem like there would be more of an issue here with tired drivers if they are forcing themselves to run that 14 hours, tired or not? I don't understand -why- they would make this rule. I'd like to slap these clueless politicians sometimes, i really would. -
I also have a problem with this. They seem to be asking us to drive tired. I realize they don't care about anything other than quieting the groups like patt and crash. These groups are both a farce. They don't have the slightest clue about what we go through and have have absolutely no respect for them. -
I don't know anyone who worries about that rule. Most truckers I've spoken to ignore it and just go about their business. Yep, it's probably illegal but just log it legal and you'll be fine. Unless they do a formal audit of your company and check the computers against your log sheets, you'll be fine.
I don't know ANY trucker who drives legally 100% of the time. It just doesn't happen. Maybe lots on here will argue with me but I know hundreds of truckers who "log it legal" and do their job same as they always did and no one ever seems to care or do anything about it.
Of course, if there's an accident, everything changes.
The people who made these rules never worked as truckers. They're desk jockeys who honestly have no clue how these rules will affect truckers trying to play it by the book and do the right thing.
Fortunately, most people don't drive their full allotment of hours every single day so it works out and is so close to legal that it's okay but some DO want to drive those full hours and max their earnings. For them, I don't know how you'd do it legally and still earn a decent living.
I wish the desk jockeys who made these rules would have to spend a week with a trucker and see how hard it is to live by these stupid rules they've changed. -
I could not have said it better myself! +1
As a young lad, I grew up thinking folks who broke the laws in society were bad people. Now, after having driven OTR in all but 2 states, I now actually advocate "bending" (close enough verbage there LOL) the laws. Many make no sense, accomplish nothing, and end up as a detriment to drivers, be it economicly or quality of life.
IMO, nearly everyone in society is a law breaker, in some form. I can't keep track of just Wisconsin laws, not to mention 47 other states.
Pass more laws, we'll keep breaking them.....
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