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60/70 Hour Rule

Question:
I have a problem understanding the 60/7-day rule & recap, versus 70/8-day rule.
How can you use the recap if you never reach the 7th or 8th day respectively to drop hours on the 7th or 8th day previous?
With the new 34-hour restart rule I cannot reach the 7th 0r 8th day respectively in order to drop the previous 7th or 8th days hours.
Can I exceed 60 hours using the 60 in 7 rule? I believe the answer is no.
So how many hours can I work in any 8 day period?
If no, can I exceed 65 hours in 5 days using the 70 in 8 rule? I believe the answer is no.
The Company I drive for is interpreting the HOS Rule as you can work 70 hours with in a 5 or 6-day period, then use the 34 hour restart & have a fresh 70 hours to work again. Is this a correct interpretation?
If the company’s interpretation is correct then I can be forced to work 140 hours in 14 days.
How would the new 34 Hour Rule change any of the questions above, once the driver has reached (but not before) 66 hours in 5 days?
How many hours can I legally log in 8 days?
Last edited by Dagwood on Sun Jan 18, 2004 7:29 am; edited 1 time in total

Answer:

Your company should use the 60 hour in 7 day rule if it operates less than 7 days a week.
If your company routinely operates 7 days a week then it may use the 70 hour in 8 day rule.
The 60/70 hour rules only states the max hours a driver may work in that time period (depending on which your company uses) and still be able to drive. If a driver has acculated more than that amount of hours then he may not continue to drive until he has fewer than 60 or 70 hours. A driver may continue to work (on duty not driving) past the 60/70 limit. Just as a driver may continue to work beyond the 14 hour limit, but may not drive.
Comapanies are supose to use one or the other all the time. Companies are not suppose to go from one to the other depending on their mood that week.
The recap: All this is for is for you, the driver to keep track of your hours worked each day. You use lines 3 and 4 only for figuring total on duty time as it is applied to the 60 or 70 rule depending on how your company operates.
If you use the 60 hour rule then you would simply figure your hours remaining to work off by subtracting your total hours worked the last 7 days from 60 hours. If you use the 70 hour rule you would subtract total hours from the last 8 days from 70 hours.
In either case the 11 (max drive time ) and the 14 hour (from coming on duty) rules will apply.
As far as the 34 hour rule goes. You do not have to max out on hours before using this. All this rule states is that if you have had 34 or more consecutive hours off duty (and it may be combined with sleeper berth time) not broken by any kind of line 3 or 4 activity then you may reset your 60/70 hour clock.
I will always be a mutter carer at heart.
Last edited by uturn2001 on Sun Jan 18, 2004 12:31 pm; edited 1 time in total

Answer:

Interpretations
§395.3 Maximum Driving and On-duty Time

Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance: Yes. The only restriction regarding the use of the 70- hour/8-day rule is that the motor carrier must have CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers' hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7- day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.
Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the 60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?
Guidance: If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60- hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations.
The recap is a voluntary form. If you run a log where the monthly recap is in front then it would simplify the recap process. If you use a log where the recap is on the log it self, you will have a hard time making it work if you don't concentrate.
If the motor carrier you work for runs 7 days a week you may use the 70-hour rule. If the carrier you work for only operates 6 days a week then you must operate under the 60-hour rule.
Yes, you can be on-duty while driving for 65 hours in 5 days. 14 X 5 = 70
With the 34 hour reset you will have a fresh 70 hours on Monday.
JQ.
"If men were angels...No government would be necessary."
51st Federalist Papers
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