Commercial Driver's License

[TimMc]

Now that electronic driver logs will be mandatory in all trucks we're reassessing the situation. Updating our trucks with electronics will cost us a bunch of $$ that we'll simply have to absorb. Our biz is down 15% this year so the expense represents a major spend - on something we can't recover from clients.

My question for Blacksheep and others - how do you legitimately let someone drive who's already worked a 12-18 hour day? That's a violation of hours of service and the driver's only option is to lie about it when making his/her logbook entries. After the inevitable wreck this duplicity will be exposed and *maybe* the production company as well as the driver will be liable.

Right now, if you work a 16 hour day and refuse to drive your employer can fire you and you won't get unemployment. Refusing to violate the law is seen as refusal to perform a legitimate job duty owed to an employer. This is why, further up-thread, that I said driving should be it's own employment category. I don't care if the boss pays you more, you're still driving after working a full production day, you're NOT going to be in compliance and unless an investigation shows the employer required you to drive, the DRIVER is 100% liable for all deaths, injuries and property losses. Think about that for a minute. The only reason a plaintiff's lawyer will put the production company in the list of defendants is because the company has more insurance and assets.

If you're driving after an 8 hour gig and it's 2 hours back to the shop it's one thing - to drive 12 hours to the next gig after working 16 hours... that's potentially criminal if you cause a wreck.

 

[Blacksheep0317]

Now that electronic driver logs will be mandatory in all trucks we're reassessing the situation. Updating our trucks with electronics will cost us a bunch of $$ that we'll simply have to absorb. Our biz is down 15% this year so the expense represents a major spend - on something we can't recover from clients.

My question for Blacksheep and others - how do you legitimately let someone drive who's already worked a 12-18 hour day? That's a violation of hours of service and the driver's only option is to lie about it when making his/her logbook entries. After the inevitable wreck this duplicity will be exposed and *maybe* the production company as well as the driver will be liable.

Right now, if you work a 16 hour day and refuse to drive your employer can fire you and you won't get unemployment. Refusing to violate the law is seen as refusal to perform a legitimate job duty owed to an employer. This is why, further up-thread, that I said driving should be it's own employment category. I don't care if the boss pays you more, you're still driving after working a full production day, you're NOT going to be in compliance and unless an investigation shows the employer required you to drive, the DRIVER is 100% liable for all deaths, injuries and property losses. Think about that for a minute. The only reason a plaintiff's lawyer will put the production company in the list of defendants is because the company has more insurance and assets.

If you're driving after an 8 hour gig and it's 2 hours back to the shop it's one thing - to drive 12 hours to the next gig after working 16 hours... that's potentially criminal if you cause a wreck.

I have a system that works for me, but it is certainly something that everyone needs to be able to think about on their own, as every situation will be different.

My rule of thumb is that if I am driving, I will not take a role that requires I be present during the performance if I am driving immediatly before the in and after the out. Esp with local vendors, its fairly easy to be the systems tech and drive. I can get onsite, fly the PA, make noise, and turn it over to the A2 to babysit the tour. Ergo, if I have a 9a tour load in, I always want to have my rig set by 8. That way, even if I do have to come and mix a support act, I can still get 10 hours of bunk time to reset my clock and be back by 6 for a sound check and 7p doors

If its something where I know it is going to be a day where it will be a solid work day (festivals, etc.), its a no brainer. Depending on the drive, you do a travel and in/out day on either side of the gig. Talk it out.

Moral of the story, I don't know everyones limits. I know mine, and I keep within them. Sometimes my limits may be beyond what the DOT thinks it is, some times its not. Remember to, its not just about day to day hours either technically. You also have you 10 day time outs and driver resets that make it even more convoluted. In theory I would have been illegial to drive since August since I have broke 70 hours on the clock every week, even though none of them have had anything to do with driving. And certainly have not had a 72 hour turn around.

Be smart out there. Between driving semis across the country and working on ambulances in years past, I have seen some nasty wrecks. Some from weather, some from other drivers, and some from drivers falling asleep, etc. If a boss can't respect that you know your limits and care about you and your (most likely sleeping) passengers, they aren't working for. GTFO and go somewhere better (As long as you were tactful in your refusal to drive).