R
riverrat
Guest
I couldn't post on the fex ex forum but wanted to let you know my experience with this rule.
a few years back we had a small war with the Co. that I am leased too and without getting into detail the simple answer is that there is a rule written for "personal conveyance
and yes, you can use this rule if you are not under a load "PROVIDED" that the company you are leased to or work for give their permission which will be a cold day in he** with most companies as they don't want the insurance headaches that would go along with their permission.
good luck in trying to get it but from my experience you are going to slam straight into a block wall.
QUOTE; EOBR Rules
We have been busy, have not had a chance to post since the conference call. The HOS rules the EOBR uses are not the same as DOT HOS rules. Specifically when must you switch from "Off Duty" to "Driving" when you do not have a load on your truck. Under the DOT HOS rules, you can move your truck if you do not have a load on your truck for personal reasons without changing from "Off Duty" to "Driving". So if you are doing a 10 or 34 hour reset, and you do not have a load on your truck , you can use your truck for personal stuff such as; shopping, movies, playing tourist, etc. With the new EOBR, you will interrupt your reset if you move your truck more than .7 of a mile. You are chained to were ever you decided to park until your reset is complete. And, even after that, you start your 14 hour clock ticking to go shopping, etc.
I have talked with Fedex (Log Book Dept.) and they do not see it that way. They say if you move your truck, regardless of status or loaded/unloaded, you are "Driving". I have talked with the FMCSA and verified my interpretation. There are a list of "interpretations on the FMCSA website. They are designed to inform on what "On Duty, Driving" includes by example. They do not included any personal examples because they are not examples of what "On Duty or Driving" are supposed to include. That is pretty much the wording of the FMSCA person I spoke with.
It should be noted, when you go back "On Duty or Driving" you must be in the same city where you went "Off Duty".
For example: If you deliver to the Kennedy Space Center on Friday. And, want to go to Orlando/Disney to "play" for the weekend. (Regardless if you have a load set up for Monday or not.) If you go "Off Duty" at the Space Center, you must drive back to the Space Center before going back "On Duty". If you want to go back "On Duty" in Orlando at the end of the weekend, then you must log "Driving" to Orlando before going "Off Duty". Over the weekend, you stay "Off Duty" as you go to and fro exploring the wonders of Disney. You go back "On Duty/Driving" when you are ready to get back to work and head towards your scheduled pickup location.
I passed this info on to Fedex and did not get a response that I liked. They will not follow up on this. They are not invested in changing what they are currently rolling out. I would have hoped that they would want to give us all the flexibility allowed under the DOT regs. But alias, I am told I must come up with official documentation supporting my understanding of the HOS.
I am following up on this, hoping to get documentation from FMCSA regarding circumstances that allow moving your truck will staying "Off Duty". Please contact your local FMSCA office and do the same. I am including a phone number for the central FMCSA office that can give you your regional number. Just ask operator at your regional office for someone who can answer questions about "HOS Interpretations.
The number is (866) 216-6835
Please excuse any typo's, I was too eager to get this out to do my usual proof reading.
Bill Edwards
Fedex CC, WG
248.930.8827
a few years back we had a small war with the Co. that I am leased too and without getting into detail the simple answer is that there is a rule written for "personal conveyance
and yes, you can use this rule if you are not under a load "PROVIDED" that the company you are leased to or work for give their permission which will be a cold day in he** with most companies as they don't want the insurance headaches that would go along with their permission.
good luck in trying to get it but from my experience you are going to slam straight into a block wall.
QUOTE; EOBR Rules
We have been busy, have not had a chance to post since the conference call. The HOS rules the EOBR uses are not the same as DOT HOS rules. Specifically when must you switch from "Off Duty" to "Driving" when you do not have a load on your truck. Under the DOT HOS rules, you can move your truck if you do not have a load on your truck for personal reasons without changing from "Off Duty" to "Driving". So if you are doing a 10 or 34 hour reset, and you do not have a load on your truck , you can use your truck for personal stuff such as; shopping, movies, playing tourist, etc. With the new EOBR, you will interrupt your reset if you move your truck more than .7 of a mile. You are chained to were ever you decided to park until your reset is complete. And, even after that, you start your 14 hour clock ticking to go shopping, etc.
I have talked with Fedex (Log Book Dept.) and they do not see it that way. They say if you move your truck, regardless of status or loaded/unloaded, you are "Driving". I have talked with the FMCSA and verified my interpretation. There are a list of "interpretations on the FMCSA website. They are designed to inform on what "On Duty, Driving" includes by example. They do not included any personal examples because they are not examples of what "On Duty or Driving" are supposed to include. That is pretty much the wording of the FMSCA person I spoke with.
It should be noted, when you go back "On Duty or Driving" you must be in the same city where you went "Off Duty".
For example: If you deliver to the Kennedy Space Center on Friday. And, want to go to Orlando/Disney to "play" for the weekend. (Regardless if you have a load set up for Monday or not.) If you go "Off Duty" at the Space Center, you must drive back to the Space Center before going back "On Duty". If you want to go back "On Duty" in Orlando at the end of the weekend, then you must log "Driving" to Orlando before going "Off Duty". Over the weekend, you stay "Off Duty" as you go to and fro exploring the wonders of Disney. You go back "On Duty/Driving" when you are ready to get back to work and head towards your scheduled pickup location.
I passed this info on to Fedex and did not get a response that I liked. They will not follow up on this. They are not invested in changing what they are currently rolling out. I would have hoped that they would want to give us all the flexibility allowed under the DOT regs. But alias, I am told I must come up with official documentation supporting my understanding of the HOS.
I am following up on this, hoping to get documentation from FMCSA regarding circumstances that allow moving your truck will staying "Off Duty". Please contact your local FMSCA office and do the same. I am including a phone number for the central FMCSA office that can give you your regional number. Just ask operator at your regional office for someone who can answer questions about "HOS Interpretations.
The number is (866) 216-6835
Please excuse any typo's, I was too eager to get this out to do my usual proof reading.
Bill Edwards
Fedex CC, WG
248.930.8827
