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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
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Experience:  Since 1983
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How many days off is an over-the-road truck driver allowed to take off

Resolved Question:

I have been driving over-the-road truck for nearly 30 years. I go out on the road for extended periods of time. Often, I am on the road for three months without ever getting home. During my tenure as a driver, I have always been told there was Federal law stating that drivers, such as I, were entitled to 1 1/2 days of "time off" for every week of being "on the road". I am an "irregular route" driver. I do not have a regular route which I drive. I never know from one load to the next where I will be dispatched to. The terms "irregular route carrier" and "irregular route driver" are significant terms when understanding the laws governing the trucking industry. Thus, if I would spend 12 weeks on the road I should be able to have 18 days of time off when I come back to work. Is there a law stating this 1 1/2 days of "time off" for every week worded? My company is trying to limit its drivers to only 4 days off at a time, regardless of how many or how few days they spend out on the road.
Submitted: 5 years ago.
Category: Employment Law
Expert:  N Cal Attorney replied 5 years ago.

F. 34-HOUR RESTART

F-1. Does any period of 34 consecutive hours off-duty automatically restart the calculation of the 60/70-hour on-duty period?

Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour calculation. From http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp#_Toc111021257

 

 

http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/05-16498-HOS-Final-Rule-8-25-05.htm is the Hours of Service Final Rule. I do not see anything in there about time off other than rules measured in hours, not days. J6, J7 and J8 are all in terms of hours.

 

Do you have a more specific reference to the regulation you heard about? If not, well, I can't find it.

 

You can contact the FMCSA through http://www.fmcsa.dot.gov/about/contact/who-to-contact/contactus.htm and ask them directly. I have not been able to find such a rule.

Customer: replied 5 years ago.
You did not answer my question. My question had nothing to do with the 34 hours reset rule. My question had nothing to do with log books or the hours of operations as set forth in the DOT regulations. My question dealt with the specific issue of how many days can a driver take off at one time. ie: is there a fed. regulation stating that over-the-road drivers are entitled to one day off for every week they have been on the road? That question has nothing to do with log book regulations. My question deals with "time off" issues, not hours of operation issues. Please try again. L. Carmony
Expert:  N Cal Attorney replied 5 years ago.
I have not been able to find any federal regulation such as you describe. There isn no time off regulation that I could find other than the ones I already cited.
Customer: replied 5 years ago.
I think we are looking in the wrong places. We have been looking in the Fed. Motors Carrier regulations governing the trucking industry. That may not be the place to look. We might do better to look in the general employment law category. As I live in Florida, it may be in the labor laws of Florida. Please keep searching. Thank you, L.Carmony
Expert:  N Cal Attorney replied 5 years ago.
Do you drive interstate, or only in Florida?
Customer: replied 5 years ago.
I drive interstate. My company has a terminal in Florida which I am based out of eventhough I am seldom there. Does this help?Customer
Expert:  N Cal Attorney replied 5 years ago.
If you drive interstate I believe your work hours are regulated by the FMCSA regulations. And those regulations do not require much time off.

http://www.workforceflorida.com/EFCC/resource_room/Employment%20Law%20-%20Jan%202004%20-%20EF%20article.pdf is a Florida employment law newsletter. At page 5 it discusses the DOT rules:
The rule applies to drivers transporting freight in in-
terstate commerce in a property-carrying commercial ve-
hicle with a gross vehicle weight rating of 10,001 pounds
or more and operating vehicles carrying hazardous mate-
rials in quantities requiring vehicle placards.

I have been unable to find any Florida law that gives interstate drivers any more time off than the DOT requires.

http://lawyers.findlaw.com/lawyer/firm/Employment-Law----Employee/Deland/Florida#stq%3D0%26CITY%3D%26CONSULTATION%3Dtrue%26SPONSORED%3Dtrue is a directory of employment attorneys in your area, some of whom offer a free consultation. Maybe a lawyer in Florida can find something on this, but I have not.
N Cal Attorney, Lawyer
Category: Employment Law
Satisfied Customers: 8117
Experience: Since 1983
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