Frequently Asked Questions
HOURS of SERVICE
QUESTION: Can you help clarify the HOS rule for On/Off-Duty when traveling to a mandatory safety meeting? Which is it?
ANSWER: Travel time to any mandatory safety meetings should be counted as "On-Duty, not driving" time, unless you are giving them 10 consecutive hours Off-Duty once they get to the meeting place. This guidance is covered under FMCSR Part 395, specifically 395.1(j)(1) - Scope of the rules - which covers travel time.
QUESTION: I've emailed you the documents for a ticket one of my drivers received for no log book. The driver was originally pulled over for 74 in a 65mph zone. He stated he was going downhill and claimed he was doing about 70. The driver was not cited for the speed, he was cited for the missing log book. Will you please refresh my memory? Is it 100 or 150 air miles that cause the log book requirement to kick in for local semi drivers? They have to keep them for 7 days - is that right?
ANSWER: You mentioned he is a "semi driver," so we are assuming he is driving a vehicle over 26,001 lbs. and is required by law to have a CDL. A driver operating this type of equipment is exempt from FMCSR Part 395.8 (driver’s record of duty status, only and under the Short-haul provision of Part 395), if they are operating within a 100 air mile radius and report back to their home terminal within 12 hrs of starting their shift.
Please see FMCSR Part 395.1(e)(1)(A) & (B) "Short-haul Operations" 100 air mile radius driver. Pay special attention to i, ii, & iii under this part. The driver will still have to abide by the rest of Part 395. The 150 air mile exemption is only for commercial motor vehicle operators who driver vehicles 26,000 GVWR or under and is not required by law to have a CDL to operate that equipment.
QUESTION: We pay drivers for their time to and from their hotels, from the parked loads. Sometimes they are in the tractors and sometimes they're in the pilot cars.
Can the drivers log this time as Off-Duty even though they are driving and being paid? Are there any regulations that would lead me to believe we can pay them and they can log themselves as Off-Duty?
ANSWER: It sounds like you are attempting to get your crew to the hotel or other resting place while en-route, at the end of their shift for the day. Let’s look closely at those parts of the FMCSRs that apply.
Part 395.2, Interpretations Question 1 states, "Guidance: The FMCSRs do not address questions of pay. All the time spent operating a CMV for, or at the direction of, a motor carrier must be recorded as driving time."
Part 395.8, Interpretations Question 26 states, "Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to their terminal (normal work reporting location), or from a driver’s terminal to their home, may be considered Off-Duty time. Similarly, time spent traveling short distances from a driver’s en-route lodgings (such as en-route terminals or motels) to restaurants in the vicinity of such lodgings may be considered Off-Duty time.
The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en-route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance.
QUESTION: The way I read 395, a driver is allowed to drive past the 14th hour as long as he is not driving more then 11hrs total and he has not used a 16hr exception in the previous 8 days or has had a 34hr reset.
What is your understanding of that part 395.3 maximum driving times for property carrying drivers? It clearly states that if the requirements are met in 395.1(o) or 395.1(e)(2), the driver may do so up until the 16th hour.
ANSWER: Your interpretation is correct regarding 395.3, as long as you are able to abide by "all provisions" of 395.1(o) or 395.1(e)(2). You mentioned "16 hour exception in the previous 8 days..." FYI - Are you aware that to use the 70 hours in 8 days rule, you must have trucks on the road 7 days a week?
If the driver is required to have a CDL to operate the vehicle, they can only use this once in a work week. If the driver is not required to have a CDL to operate the vehicle, than they CAN use the exception twice in a work week.
QUESTION: How long do we need to keep a copy of the driver logbooks in the office?
ANSWER: The answer can be found in FMCSR Part 395.8 (k)(1) & (2) – Retention of driver’s record of duty status. It states "Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt. The driver shall retain a copy of each record of duty status for the previous seven consecutive days which shall be in their possession and available for inspection while on duty.
Supporting documents are the motor carrier records which are maintained in the ordinary course of business and used by the carrier to verify the information recorded on the driver’s record of duty status. Examples are:
- Fuel, gate record, credit card & delivery receipts
- Toll, international registration plan & port-of-entry receipts
- Bills of lading
- Driver call-in records, telephone billing statements & driver fax reports
- Dispatch records
- Fuel billing statements
- Interchange and inspection reports, CVSA reports & on-board computer reports
- Over/short & damage reports, accident reports & traffic citations
So, for the company, the answer is six months from the day of receiving the logs, along with all supporting documents.
QUESTION: I have a client who is in the truck rental business, with their largest truck registered at 26,000 lbs. If they shuttle an empty truck to one of their rental branches in Las Vegas, thereby crossing a state line, are they involved in Interstate Commerce as described in the Log Book and CDL regulations?
ANSWER: Registered weight doesn't always mean much. The question you need to answer is "what is the Gross Vehicle Weight Rating (GVWR) of the vehicle as shown on the manufacturer’s plate?" That is what is important in this instance. If the GVWR is 26,000 lbs, it is designated a CMV and comes under those regulations.
Arizona defines a vehicle as a CMV at 18,000 GVWR for intrastate commerce and 10,000 GVWR for interstate commerce. In the case you stipulated, they are crossing a state line so the 10,000 GVWR makes the vehicle a CMV and the HOS regs will need to be complied with, along with other FMCSRs such as driver qualification file, maintenance equipment file, etc.
The CDL regs do not apply. The CDL regulations come into play only with CMVs that are 26,001 lbs or more GVWR.
To address questions or comments to the FAQ service, please call John Backowski at 602.850.6002 or email him at jbackowski@aztrucking.com
Thank you and have a safe day!