EOBR Rules

[sweetbillebob]

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

 

[sweetbillebob]

Here is another example of what you cannot do without starting the 14 hour clock ticking, thus limiting your options when you get a load opp. with the current EOBR configuration.
We delivered in Memphis early this morning, then I drove to the closest Kroger to do some shopping. A couple of hours later, Bev woke up and we will go in and shop shortly. Then we are off to an Office Depot to get printer cartridges. Then probably down to the J in Olive Branch to continue waiting for a load opp. All this will be logged. If we still are not under way this evening, we might venture out for a meal, then back to the truck stop. We are not required to log this, thus starting the 14 hour clock. If we subsequently get a load opp., and need to get going, both of us will have all of our time left and can divvy up the driving with freedom. If we had the EOBR, one of us would have started our 14 hour clock when we went out to dinner and then our flexibility of deciding how to divvy up the driving would be taken away from us.

 

[iceroadtrucker]

Yup that True But as for me I just sit and dont go no where till I get a Load. Truck sits in a Truck stop and use my feet to get me where I wanta go.

Lot less Headaches. No Worries