16 Hour Rule???

10/12/2011

11 Comments

 
Q: What, if there is such a rule, is the 16 hr rule & to whom does it pertain?
A: I have not heard of a 16 hour of service rule
 


Comments

buzz
10/12/2011 10:02

the 16 hours rules its the canadian log book law :) you can drive 13 hour in 14 hour of on duty in 16 consecutive hour !! for a 8 hour of sleeper (so in the 16 hour you must have 2 hour of off duty in 30 minute period minimum !!!

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buzz
10/12/2011 10:04

so if you dont have 2 hour of off duty in the 16 hour you have to sleep 10 consecutive hour !!!! and if you do a split sleeper time .. the both need to equal a 10 hour of sleeping so you can sleep 8-2 7-3 6-4 or 5-5 :)

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Farmgirlka
10/12/2011 10:56

In the US the 16 hour rule pertains to a daycab driver. It may be used once in the 70 hr rule or work week. But it must be followed by 10 hr off duty status. You can not go over the 60/70 hr rule.

Initially it was implemented for ag/farm exemption but now it is used for everyone.

The 16 hr rule is only allowed for daycab operations & not for sleeper trucks.

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Miss Impala
10/12/2011 14:18

I concur with farmgirl.. I used it once a week with LTL. Myself, I think it just gives them an excuse. I did 70 hrs a week and some of it on my own time....just crazy....

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Dan
10/12/2011 15:59

The 16 hr. rule has been posted in The Best in Trucking / The Worst in Trucking on FB. It is not called the 16 hr. Rule But as you read it, It is What it is. I found it and copied and pasted it to the group from FMCSA Rules and Regs.

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Dan
10/12/2011 16:06

Hours of service of drivers

§ 395.3Maximum driving time for property-carrying vehicles.Subject to the exceptions and exemptions in §395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours off-duty;
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).

(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after--

(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
[70 FR 50073, Aug. 25, 2005, as amended at 72 FR 71270, Dec. 17, 2007]

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Heather
10/12/2011 16:13

Dan, this is where your mouth gets in front of your brain. The 16 hour rule is only with some states. It's not federal. There is a safe haven clause, but it's not entitled for 2 hours. The law you quoted states 14. The answer came from an actual person in the state DOT. Quit arguing with law enforcement. They know what is and isn't federally recognized.

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Dan
10/12/2011 16:40

I must have not gotten all of the rule coppied. Will find it and add it.

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Dan
10/12/2011 16:43

(2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section 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—

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Dan
10/12/2011 16:44

Repost

Hours of service of drivers

§ 395.1Scope 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 (q) of this section. (2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section 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—

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Heather
10/12/2011 16:56

NOT MORE THAN, means that legally if the safe haven is only .1 mile away, you don't have 16 hours, therefore your interpretation of what the 16 hour rule is is incorrect.

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