Do You Really Need to Log That Time?
When do truck and bus drivers need to log their time? In the US, drivers who are required to hold a CDL to operate a vehicle are required to log their time as described in Title 49 of the Code of Federal Regulations, part 395. If a CDL is required to operate a vehicle, you are required to log your time. There are several exceptions to this broad rule, which we will examine.
If the truck is not a Commercial Motor Vehicle (CMV), drivers need not log their time. Typically, trucks that are 10,000 lbs. GVW or under do not require a driver to hold a Commercial Drivers License (CDL). If the driver does not hold a CDL – that driver does not need to log their time. There are instances where a light duty vehicle driver is required to log his or her time, depending on the use of that vehicle.
Do you haul hazardous materials? If you have a “required quantity” of any hazardous material, you must placard that vehicle. A placarded vehicle by definition is a CMV. Therefore, any time spent operating a placarded CMV must be logged – regardless of its size or weight.
Do you transport passengers? If you transport more than 15 passengers (not for compensation) or more than 8 passengers (for compensation), that vehicle is a CMV – and the operation of that vehicle must be logged.
What about CDL drivers who are performing duties other than driving a CMV – including operating small vehicles? Any compensated work for anyone must be logged as “On Duty” by a commercial driver. Any work for a motor carrier, compensated or not, must be logged as “On Duty” by the driver.
What about local drivers? The federal rules state that a driver who operates within a 100 air mile radius of their domicile is a “short haul” driver. However, an examination of 395.1 shows that the driver is exempted only from 395.8 – filling out a log book. Short haul drivers are not exempted from the Hours of Service.
Many of our clients make local pickup and deliveries, and some of these operations fit the federal definition of a “short haul driver”. However, these short haul drivers must meet more stringent requirements if they choose to use that Short Haul exemption – and not fill out a log book.
Why is there a Short Haul exemption? It relieves the driver of making many log book entries within a short amount of time. This is a big burden for the driver, and the 15 minute increments of a paper log make this virtually impossible. With electronic logs, local driving is no more difficult to log than any other type of driving. Therefore most carriers who use electronic logs do NOT use the “Short Haul” exemption.
However, every shortcut comes with a price. Short Haul drivers must work no more than 12 hour shifts – 10 hour shifts for bus drivers. The carrier must keep accurate and detailed time records for each driver who is using this Short Haul Exemption proving that drivers are not working more than 12 hours in a shift, and have 8 hours off between shifts.
If you use electronic logs, invoking the Short Haul exemption only creates more paperwork and reduces your drivers productivity. We recommend that you let the computer do the work – and let drivers create their electronic logs.
If you are still on paper logs and choose to use the Short Haul exemption, be certain that you meet all the requirements of 395.1(e).
Some states have Hours of Service requirements that are different from Federal requirements. These may only be used if you are operating solely intrastate, and none of the freight carried by the truck has crossed a state line. For example, mail haulers and rail car unloading operations both deal with product that may have originated out of state. Both must meet Federal Hours of Service regulations.
FMCSA Clarifies Oilfield Hours of Service Exemptions
The FMCSA’s June 2012 “guidance” did not change their exemption or their interpretations of the Hours of Service regulations as they apply to oilfield work. It is intended to clarify the regulatory exemptions for oil and gas work.
Let’s clarify the 2 components of this Oil and Gas HOS exemption:
Exemption 1 – “Waiting” Time at Well Site. Also known as “Line 5” or off duty at well site time, this allows drivers to go off duty at a well site. That “Off Duty” time in the middle of a tour of duty NOT count toward the total On Duty time for a driver’s day. Off Duty time is treated much like the sleeper berth provision. Logging “Off Duty at Well Site” (as we call it at LoadTrek) extends a driver’s work day.
Application: You can only use this Exemption if you are driving a “specially constructed” vehicle specifically made for oil or gas well servicing work. Examples are frac pumps, wireline trucks, coiled tubing units, workover rigs, etc. Pneumatics, liquid tankers (crude, water, etc) do not qualify.
Exemption 2 – 24 Hour Restart. This allows drivers to restart their cumulative workweek time after 24 consecutive hours Off Duty. This is available to all drivers who are working to service oil and gas wells. This includes the previously mentioned tankers, equipment haulers, as well as those specially constructed vehicles.
How To Survive in Any Economy
By Michael Buck, President MCB Fleet Management Consulting. Mike@MCBConsulting.com; www.MCBConsulting.com
| A few weeks ago, it was reported that two of trucking’s leading economists said the industry’s recovery is well under way and should continue for at least several years. Trucking, they said, has been outperforming the economy, and conditions in the marketplace are far better than financial commentators and politicians have said.
But those same economists also cautioned prudence in the matter of keeping costs under control and warned that a serious driver shortage is developing. They also said that while fuel prices are dropping a bit, it’s still relatively expensive and equipment prices are on the rise.
Transportation is a leading, not lagging, indicator, and economic cycles and fluctuations – positive or negative – tend to have an immediate effect. In the end, your trucking operation’s success will be predicated, not on what analysts say, pro or con, or what Wall Street does tomorrow or next week but on your own strategies for controlling variable costs, executing the plan and staying firmly on course.
Keeping variable costs in check is an extremely difficult task unless you have the proper controls in place. There are six basic ways a trucking company can cut costs – and you won’t like the first five:
OK, you can’t totally cut maintenance without pulling the plug on your business, but you can put it off for as long as possible.
Take heart, though, because the sixth method is both the least traumatic and the most effective:
Technology’s role in cost control doesn’t need lengthy explanation in the age of handheld computers. And “defined processes” simply means establishing and using systematic steps, including capturing the transportation industry’s best practices, to achieve a specific end – and then making sure everyone in the company does his or her part consistently. A defined process can be as simple as figuring out the best way to sharpen a pencil or as complex as creating and implementing the industry’s most comprehensive preventive maintenance program.
In addition to reduced costs and improved services, the results of such a program include a work environment in which every job, companywide, is performed with ease and minimal stress. That process captures the employee buy-in needed to ensure the success of the initiative and creates a loyal and fulfilled workforce eager to ensure a long-term solution through all business cycles, regardless of economic conditions.
Done properly, these processes increase the bottom line without robbing Peter to pay Paul. For example, despite popular belief to the contrary, low maintenance cost and high asset utilization can coexist.
The unfortunate reality is that the first reaction to thin profit margins is the aforementioned method No. 5 – deferring maintenance. But that inevitably equates to more-frequent breakdowns, higher costs and disastrously poor scores on the Federal Motor Carrier Safety Administration’s new Compliance, Safety, Accountability program.
Instead of overreacting and setting the company up for failure, start building a foundation that enables effective processes. Begin developing superior cost controls by using your senior leadership’s knowledge. With some quick analysis and consensus by the leadership team, the low-hanging fruit should be readily evident with a few simple questions:
With the information this analysis provides, you easily can assemble a team to develop a process for gaining control of the respective cost drivers impeding your bottom line.
Here are some tips for implementing this type of initiative – and some mistakes to avoid:
The most obvious result of turning to cross-functional teams is their immediate and positive effect on profitability. The underlying benefit, however, is their effect on camaraderie and morale throughout your organization as they reduce stress, improve productively and produce nonquantifiable, but beneficial, improvements to the bottom line – and to customer satisfaction.
Economies inevitably wax and wane, and when times are good, the next dip may be around the corner. But with reliable processes in place and a fully engaged workforce, you are prepared to weather any financial storm. |
