Bob | 11-01-2007 | comment profile send pm notify |
IF you NEVER cross a state line and stay within 100 air miles of your base of operations; you owe the DOT an accounting of your drivers hours of service (HOS) upon demand. {payroll record, etc} If however, you EVER cross a state line or operate outside a 100 air mile radius of your shop; you best have a properly filled out, within spec, DOT log book that documents the last 7 days of THAT DRIVERS activity. Below you will find the appropriate gov'speak. ;~) ps don't ask me questions; just read the rules
395.1 Scope of rules in this part. (a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (o) of this section. (a)(2) The exceptions from Federal requirements contained in paragraphs (l) through (n) do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. (b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§ 395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive- (b)(1)(i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles; (b)(1)(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles; (b)(1)(iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or (b)(1)(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles. (b)(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency. (c) Driver salesperson. The provisions of §395.3(b) shall not apply to any driver salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days. (d) Oilfield operations. (1) In the instance of drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of 8 consecutive days may end with the beginning of any off duty period of 24 or more successive hours. (d)(2) In the case of specially trained drivers of commercial motor vehicles which are specially constructed to service oil wells, on duty time shall not include waiting time at a natural gas or oil well site; provided, that all such time shall be fully and accurately accounted for in records to be maintained by the motor carrier. Such records shall be made available upon request of the Federal Motor Carrier Safety Administration. (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of §395.8 if: (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location; (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours; (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty; (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty; (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (e)(1)(v)(A) The time the driver reports for duty each day; (e)(1)(v)(B) The total number of hours the driver is on duty each day; (e)(1)(v)(C) The time the driver is released from duty each day; and (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently. (e)(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver’s license. Except as provided in this paragraph, a driver is exempt from the requirements of §395.3 and §395.8 and ineligible to use the provisions of §395.1(e)(1), (g) and (o) if: (e)(2)(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver’s license is not required under part 383 of this subchapter; (e)(2)(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location; (e)(2)(iii) The driver returns to the normal work reporting location at the end of each duty tour; (e)(2)(iv) The driver has at least 10 consecutive hours off duty separating each on-duty period; (e)(2)(v) The driver does not drive more than 11 hours following at least 10 consecutive hours off duty; (e)(2)(vi) The driver does not drive: (e)(2)(vi)(A) After the 14th hour after coming on duty on 5 days of any period of 7 consecutive days; and (e)(2)(vi)(B) After the 16th hour after coming on duty on 2 days of any period of 7 consecutive days; (e)(2)(vii) The driver does not drive: (e)(2)(vii)(A) After having been on duty for 60 hours in 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; (e)(2)(vii)(B) After having been on duty for 70 hours in 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week; (e)(2)(viii) Any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours. (e)(2)(ix) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (e)(2)(ix)(A) The time the driver reports for duty each day; (e)(2)(ix)(B) The total number of hours the driver is on duty each day; (e)(2)(ix)(C) The time the driver is released from duty each day; (e)(2)(ix)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently. (f) Retail store deliveries. The provisions of §395.3 (a) and (b) shall not apply with respect to drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer, when driving solely within a 100 air mile radius of the driver's work reporting location, during the period from December 10 to December 25, both inclusive, of each year. (g)(1) Property-carrying commercial motor vehicle. (g)(1)(i) In General. - A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter, (g)(1)(i)(A) Must, before driving, accumulate (1) At least 10 consecutive hours off duty; (2) At least 10 consecutive hours of sleeper-berth time; (3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or (4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section; (g)(1)(i)(B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)-(4) of this section; and (g)(1)(i)(C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)-(4) of this section; and (g)(1)(i)(D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours. (g)(1)(ii) Specific requirements. – The following rules apply in determining compliance with paragraph (g)(1)(i) of this section: (g)(1)(ii)(A) The term “equivalent of at least 10 consecutive hours off duty” means a period of (1) At least 8 but less than 10 consecutive hours in a sleeper berth, and (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof. (g)(1)(ii)(B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section. (g)(1)(ii)(C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section. (g)(2) Specially trained driver of a specially constructed oil well servicing commercial motor vehicle at a natural gas or oil well location. A specially trained driver who operates a commercial motor vehicle specially constructed to service natural gas or oil wells that is equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter, or who is off duty at a natural gas or oil well location, may accumulate the equivalent of 10 consecutive hours off duty time by taking a combination of at least 10 consecutive hours of off-duty time, sleeper-berth time, or time in other sleeping accommodations at a natural gas or oil well location; or by taking two periods of rest in a sleeper berth, or other sleeping accommodation at a natural gas or oil well location, providing: (g)(2)(i) Neither rest period is shorter than 2 hours; (g)(2)(ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed 11 hours; (g)(2)(iii) The driver does not drive after the 14th hour after coming on duty following 10 hours off duty, where the 14th hour is calculated: (g)(2)(iii)(A) By excluding any sleeper berth or other sleeping accommodation period of at least 2 hours which, when added to a subsequent sleeper berth or other sleeping accommodation period, totals at least 10 hours, and (g)(2)(iii)(B) By including all on-duty time, all off-duty time not spent in the sleeper berth or other sleeping accommodations, all such periods of less than 2 hours, and any period not described in paragraph (g)(2)(iii)(A) of this section; and (g)(2)(iv) The driver may not return to driving subject to the normal limits under §395.3 without taking at least 10 consecutive hours off duty, at least 10 consecutive hours in the sleeper berth or other sleeping accommodations, or a combination of at least 10 consecutive hours off duty, sleeper berth time, or time in other sleeping accommodations. (g)(3) Passenger-carrying commercial motor vehicles. A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter, may accumulate the equivalent of 8 consecutive hours of off-duty time by taking a combination of at least 8 consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing: (g)(3)(i) Neither rest period is shorter than two hours; (g)(3)(ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours; (g)(3)(iii) The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving time after the 15th hour; and (g)(3)(iv) The driver may not return to driving subject to the normal limits under §395.5 without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time. (h) State of (h)(1)(i) More than 15 hours following 10 consecutive hours off duty; or (h)(1)(ii) After being on duty for 20 hours or more following 10 consecutive hours off duty. (h)(1)(iii) After having been on duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or (h)(1)(iv) After having been on duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day in the week. (h)(2) Passenger-carrying commercial motor vehicle. The provisions of §395.5 do not apply to any driver who is driving a passenger- carrying commercial motor vehicle in the State of (h)(2)(i) More than 15 hours following 8 consecutive hours off duty; (h)(2)(ii) After being on duty for 20 hours or more following 8 consecutive hours off duty; (h)(2)(iii) After having been on duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or (h)(2)(iv) After having been on duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day in the week. (h)(3) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions (as defined in §395.2) may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run. (h)(3)(i) After a property-carrying commercial motor vehicle driver completes the run, that driver must be off duty for at least 10 consecutive hours before he/she drives again; and (h)(3)(ii) After a passenger-carrying commercial motor vehicle driver completes the run, that driver must be off duty for at least 8 consecutive hours before he/she drives again. (i) State of (i)(1) The total number of hours the driver is on duty each day; and (i)(2) The time at which the driver reports for, and is released from, duty each day. (j) Travel time. (1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period. (j)(2) When a passenger-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period. (k) Agricultural operations. The provisions of this part shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation: (k)(1) Is limited to an area within a 100 air-mile radius from the source of the commodities or the distribution point for the farm supplies, and (k)(2) Is conducted during the planting and harvesting seasons within such State, as determined by the State. (l) Ground water well drilling operations. In the instance of a driver of a commercial motor vehicle who is used primarily in the transportation and operations of a ground water well drilling rig, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. (m) Construction materials and equipment. In the instance of a driver of a commercial motor vehicle who is used primarily in the transportation of construction materials and equipment, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. (n) Utility service vehicles. In the instance of a driver of a utility service vehicle, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if: (o)(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; (o)(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and (o)(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c). [57 FR 33647, July 30, 1992, as amended at 58 FR 33777, June 21, 1993; 60 FR 38748, July 28, 1995; 63 FR 33279, June 18, 1998; 66 FR 49874, Oct. 1, 2001; 68 FR 22515, Apr. 28, 2003; 68 FR 56211, Sep. 30, 2003; 70 FR 50071, Aug. 25, 2005] |
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Bob | 11-01-2007 | reply profile send pm notify |
It is in the US CODE that a record of all safety related repair be kept on all vehicles over 26,000#. This material is to be transfered upon request to the next owner of that vehicle. |
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the begining | 11-01-2007 | reply profile send pm notify |
bob, who was talking about a drivers log book. logs books are required for airplanes. use your head buddy take a good thing from another industry and promote "SAFTEY" through proper maintenance on "one" that acutally owns and has owned concrete pumps for 30 plus years. i hate sound as if i am getting on you, but read before you write. i seen two booms fall in the middle of pours (not mine but brand XX who was trying to sell it to me) (the other was a company i worked for, a 740C) due to poor maintenance. in which i clean it out folded it up and sent it up north back to them. oh by the way we have always operated 99% of our time within 50 miles of our city, and do get and set top rates for our equipment. |
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bisley57 | 11-01-2007 | reply profile send pm notify |
Keeping a log of maintenance on a pump is critical for re-sale,I have been asked directly by a putz salesman about the maintenance performed on a specific pump. Asking for a truthful driving log in our business is asking for a book of lies.If these DOT people knew of the hours we work and the lack of sleep we get they would flip.It happens quite often getting off work at 10 PM and returning at 2 or 3 AM.Anyone who wants to follow the DOT regs. pertaining to hours on and off duty ,truthfully,needs to go work for Schneider.All these written rules mean squat in the concrete business.Respectfully from an old,tired operator.................... |
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Bob | 11-01-2007 | reply profile send pm notify |
Yes, I did read your fine post. I put (1) post up about that very issue and (1) post about the drivers log. your buddy ;~) B-57 You are right. It is almost impossible to sell a machine without maint' reports; especially boom inspections by a qualified, certified repair company. |
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FunnyBoom | 11-01-2007 | reply profile send pm notify |
It's funny you say that about the hours because I just got home at 9 p.m. and have to roll outta the shop at 1 a.m. for a 500 yarder after I had a nightmare job that lasted 11 hours and took five setups of boom and line today. No fun |
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crete | 11-02-2007 | reply profile send pm notify |
Is there a log book out there for pump operators more geared toward pump hrs. yards pumped milage etc. I'm looking more for mat'l pumped/belted thru the truck and customer with a location etc. I've had a telebelt for about a year now and wish I would ave been keeping better track of it. I don't want to get into the software thing just a log in one booklet I could keep in the cab instead of separate job sheets Anybody do this with just a notebook or it there a nice logbook type of thing out there thanks Terry |
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Slavedattler | 11-03-2007 | reply profile send pm notify |
I use to love the simple write in your log book bull when I was young dumb full of c.. well you know. Times have changed and away with 5 log book juggle. They have your number these days with computers. We as a fairly big firm have to log hrs thus going to a swipe card(time clock) the employees think they are getting ripped but its for audit purposes. |
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justanthrpumper | 11-03-2007 | reply profile send pm notify |
At the company I work for, we have to keep log books. Not by choice . There are many different kinds out there. Most have a couple copies and some are scannable so they when the Feds come to take a look at everyones hours all they have to do is plug into their computers. Bottom line is you can work all the hours you can handle, but you may not drive after 15. Then ,depending on which state you live in, you must have either 8, or 10 hours off. And then their is a 70 hours in 7 days cap, or 80 in 8, witchever you prefer. If at at anytime you have either 24 or 34 hours off ,your time starts over. If your running outside these laws, YOU are in violation.Not just your company,even when it is them dispatching you to that next job in 4 hrs. And Yes, They compare logs and time cards too. |
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Many | 11-04-2007 | reply profile send pm notify |
mmmmmmm,on duty driving,on duty not driving.These are all chargable towards total hours for weeek.Lets see I had to wait a total of 45 min on concrete I think I will log that as sleeper time. |