By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

Question #1 - Are you operating a commercial motor vehicle with a gross vehicle weight or gross vehicle weight rating of 10,000 pounds or more?

Question #2 - Are you driving outside of a 100 air-mile radius of your business location?

If you can answer yes to the above questions, then you probably need to keep a record of your on duty time.

Notice that I didn’t ask whether or not you are crossing state lines. For some reason most people think that crossing a state line is the only time a driver needs to log. Not so!

To help you understand the regulations, here are the definitions for some of the terms used:

• “On Duty” is all time a driver spends performing work or being ready to work, until being relieved by the carrier of all responsibility. On duty time includes any compensated work performed by the driver for a non-motor carrier; (example if you have a part time job, and also drive a commercial motor vehicle for a carrier part time).
• “Driving” time is all time spent at the controls of a commercial vehicle in operation.
• “Off Duty” means the driver has been relieved of all responsibilities for the vehicle and its cargo.

The hours of service regulations for property carriers, that are currently in effect, are as follows:
You may not drive after:

• 11 cumulative driving hours following 10 consecutive hours off duty.
• For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty.
• Being on duty 60 hours in any seven consecutive days if you do not operate every day of the week, or
• Being on duty 70 hours in any eight consecutive days if you operate every day of the week.

Drivers who are subject to the hours of service regulations must record their daily activities on a record of duty status or log book. The logs must be kept for six months. Receipts for fuel, scale tickets, etc. must also be retained for six months. Hint, it is expected that if your receipt shows that you fueled your CMV in Fargo on January 3rd at 2pm, your log should show that you are “On Duty Not Driving” in Fargo on January 3rd at 2pm!

If you stay within a 100-air-mile radius of your normal work reporting location you do not have to complete a log, providing you return to your normal work reporting location and are released from work within 12 consecutive hours; and you have at least 10 consecutive hours off duty separating each 12 hour day.
Even though you qualify for the 100 Air-mile radius exemption; you must not exceed 11 hours of driving time during your 12 hour day.

There are some exemptions to the hours of service regulations. For instance, farmers hauling agricultural products, farm machinery or supplies to or from their farm; or private carriers engaged in construction, remodeling, or repair of buildings, if hauling their construction material and/or tools are just a couple exceptions to the rule.

You can find more detailed information on the hours of service regulations in 49 part 395 Federal Motor Carrier Safety Regulations; http://www.fmcsa.dot.gov/rulesregs/fmcsr/fmcsrguide.htm, or give us a call, 800-656-1396, we’d be happy to help you!

See you next month. Until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396