Re: Help with HOS

"tscottme" <blahblah@xxxxxxxx> wrote in
news:c6idneISfYXcYzHanZ2dnUVZ_jednZ2d@xxxxxxxxxxx:

Bill you are right there is no difference between an OTR driver and a
100 air mile radius driver when using the 16 hour exception.
http://www.fmcsa.dot.gov/espa%C3%B1ol/english/hos_faq_index.htm#B2

Scott, I respectfully disagree. No OTR driver will report and end their
day at the same location each day, which is a core requirement of the 16
hour exemption.

I know of no circumstance where this rule exemption could ever apply to
anyone who drives long haul. The way the rule is written, you have to
have at least a five day history of reporting to and being released from
work at the same location each day, before the exemption can be used.

Quote - E-5 - "The § 395.1(o) exception for property-carrying drivers is
for drivers who return to the normal work reporting location and are
released from duty at the end of each of the previous 5 duty tours. The
use of 10 consecutive hours off duty or the equivalent (sleeper berth,
off duty, or any allowable combination thereof) before returning to the
work reporting location would interrupt the duty tour, and the driver
would not be eligible to use the 16-hour exception that day or again
until after 5 or more duty tours when the driver did return to the work
reporting location." - End quote.

It seems your original question boils down to "can I work more than
the 70 hour limit by using the 16 hour exception. It seems you can
work more than the 70 hours but you can't drive more than the 11
hours.

He also cannot drive after reaching the 70 hour limit, which he did. He
had only three hours left while being 290 miles from the home terminal.
There is no legal way he could have made it or logged it in that time
frame.

Another point that needs to be made is that the 2 hour "adverse
weather/unforseen circumstances" exemption, allowed for completing a run
only applies to the 11 hour driving time rule. There is no such
exemption for the 14 hour on-duty rule, or for the 70 hour rule. If
either of the latter are in play, you must stop driving that
truck...period, until they once again have hours available under the 14
and 70 hour rules.

~Tony~
--
http//truckerscorner.forumlands.com/

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