Subchapter E. HOURS OF SERVICE OF DRIVERS

§ 231.331. Definitions.

 (a)  General. 49 CFR 395.2 (relating to definitions) incorporated by reference.

 (b)  Additions or modifications to definitions. In addition to subsection (a), the following words and terms have the following meanings, unless the context clearly indicates otherwise:

   Incidental driver—An employe whose primary employment by a private carrier of property by motor vehicle is not as a driver and who:

     (i) Drives as an incidental part of his primary employment.

     (ii) Drives within a 100 air mile radius of the point to which he reports to duty.

     (iii) Devotes not more than 50% of his hours of duty to driving.

   This section cited in 67 Pa. Code §  231.341 (relating to maximum driving and on-duty time); and 67 Pa. Code §  231.343 (relating to driver’s record of duty status).

DRIVERS SERVICE TIME

§ 231.341. Maximum driving and on-duty time.

 (a)  Maximum driving and on-duty time. 49 CFR 395.3 (relating to maximum driving and on-duty time) incorporated by reference.

 (b)  Additions or modifications to maximum driving and on-duty time. In addition to the requirements of subsection (a), the following apply:

   (1)  The maximum driving and on-duty time provisions relating to a driver who is driving a motor vehicle in Alaska are deleted.

   (2)  The reference to ‘‘gross weight of 10,000 pounds’’ appearing in 49 CFR 395.3 is modified to refer to ‘‘gross weight of 17,000 pounds.’’

 (a)  A motor carrier shall require a driver used by the motor carrier to record his duty status, in duplicate, for each 24-hour period. A driver who operates a motor vehicle shall record his duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in subsection (g). The grid and the requirements of subsection (d) may be combined with company forms.

 (b)  The duty status shall be recorded as follows:

   (1)  ‘‘Off-duty’’ or ‘‘OFF.’’

   (2)  ‘‘Sleeper berth’’ or ‘‘SB’’—only if a sleeper berth used.

   (3)  ‘‘Driving’’ or ‘‘D.’’

   (4)  ‘‘On-duty not driving’’ or ‘‘ON.’’

 (c)  For a change of duty status (such as, the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town or village, with State abbreviation, shall be recorded. If a change of duty status occurs at a location other than a city, town or village, show one of the following:

   (1)  The highway number and nearest milepost followed by the name of the nearest city, town or village and State abbreviation.

   (2)  The highway number and the name of the service plaza followed by the name of the nearest city, town or village and State abbreviation.

   (3)  The highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town or village and State abbreviation.

 (d)  The following information shall be included on the form in addition to the grid:

   (1)  The date.

   (2)  The total miles driving today.

   (3)  The truck or tractor and trailer number.

   (4)  The name of carriers.

   (5)  The driver’s signature/certification.

   (6)  The twenty-four hour period starting time (such as, midnight, 9 a.m., noon, 3 p.m.).

   (7)  The main office address.

   (8)  Remarks.

   (9)  The total mileage today.

   (10)  The name of the co-driver.

   (11)  The home terminal address.

   (12)  The total hours—far right edge of grid.

   (13)  The shipping document number, or name of the shipper and commodity.

   (14)  The origin.

   (15)  The destination or turnaround points.

 (e)  Failure to complete the record of duty activities, failure to preserve a record of the duty activities, or making of false reports in connection with the duty activities makes the driver or carrier, or both, liable to prosecution.

 (f)  The driver’s activities shall be recorded in accordance with the following:

   (1)  Entries to be current. A driver shall keep a record of duty status current to the time shown for the last change of duty status.

   (2)  Entries made by driver only. Entries relating to driver’s duty status shall be legible and in the driver’s own handwriting.

   (3)  Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver’s duty status record.

   (4)  Total mileage driven. Total mileage driven during the 24-hour period shall be recorded on the form containing driver’s duty status record.

   (5)  Vehicle identification. The carrier’s vehicle number or State and license number of each truck, truck tractor and trailer operated during that 24-hour period shall be shown on the form containing the driver’s duty status record.

   (6)  Name of carrier. The name of the motor carrier for which work is performed shall be shown on the form containing the driver’s duty status record. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each carrier shall be shown after each carrier name. A driver of leased vehicles shall show the name of the motor carrier performing the transportation.

   (7)  Signature/certification. The driver shall certify to the correctness of entries by signing the form containing the driver’s duty status record with his legal name of record. The driver’s signature shall certify that entries required by this section made by the driver are true and correct.

   (8)  Time base to be used.

     (i)   The driver’s duty status record shall be prepared, maintained and submitted using the time standard in effect at the driver’s home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver’s home terminal.

     (ii)   The term ‘‘7 or 8 consecutive days’’ means the 7 or 8 consecutive 24-hour periods as designated by the carrier for the driver’s home terminal.

     (iii)   The 24-hour period starting time shall be identified on the driver’s duty status record. One-hour increments shall appear on the graph, be identified and preprinted. The words ‘‘Midnight’’ and ‘‘Noon’’ shall appear above or beside the appropriate 1-hour increment.

   (9)  Main office address. The motor carrier’s main office address shall be shown on the form containing the driver’s duty status record.

   (10)  Recording days off-duty. Two or more consecutive 24-hour periods off-duty may be recorded on one duty status record.

   (11)  Total mileage today. Total mileage today shall be that mileage traveled while driving, on-duty not driving and resting in a sleeper berth, as defined in §  231.331 (relating to definitions) during the day covered by the record of duty status.

   (12)  Home terminal. The driver’s home terminal address shown shall be that at which the driver normally reports for duty.

   (13)  Total hours. The driver’s daily duty status shall be recorded in the driver’s daily log form as follows: off-duty other than in a sleeper berth; off-duty in a sleeper berth; driving; and on-duty not driving. Entries shall be entered on the grid, and the total hours in each duty status shall be entered in the column to the right of the grid. The total of the entries shall equal 24 hours.

   (14)  Shipping document numbers, or name of shipper and commodity. The shipping document number or name of the shipper and commodity shall be shown on the driver’s record of duty status.

   (15)  Origin and destination. The name of the place where a trip begins and the final destination or farthest turnaround point shall be shown. If a trip requires more than 1 calendar day, the record of duty status for each day shall show the origin and final destination. If a driver departs from and returns to the same place on any day, the destination shall be indicated by entering the farthest point reached followed by the words ‘‘and return’’.

 (g)  The graph grid shall be as specified in 49 CFR 395.8(g) (relating to driver’s record of duty status).

 (h)  The graph grid may be used horizontally or vertically and shall be completed as follows:

   (1)  Off-duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period of time when the driver is not on-duty, is not required to be in readiness to work or is not under a responsibility for performing work.

   (2)  Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period of time off-duty resting in a sleeper berth, as defined in §  231.331. If a nonsleeper berth operation, sleeper berth need not be shown on the grid.

   (3)  Driving. A continuous line shall be drawn between the appropriate time markers to record the period of time on duty driving a motor vehicle, as defined in §  231.331.

   (4)  On-duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period of time on-duty not driving specified in §  231.331.

   (5)  Location—Remarks. The name of the city, town or village, with state abbreviation where each change of duty status occurs shall be recorded. If a change of duty status occurs at a location other than a city, town or village show one of the following:

     (i)   The highway number and nearest milepost followed by the name of the nearest city, town or village and state abbreviation.

     (ii)   The highway number and name of the service plaza followed by the name of the nearest city, town or village and state abbreviation.

     (iii)   The highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town or village and state abbreviation.

 (i)  The driver shall submit or forward by mail the original driver’s record of duty status to the regular employing motor carrier within 13 days following the completion of the form.

 (j)  A driver used by more than one motor carrier is governed by the following:

   (1)  When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver’s home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:

     (i)   Duty time for the entire 24-hour period.

     (ii)   The name of each motor carrier served by the driver during that period.

     (iii)   The beginning and finishing time, including a.m. or p.m., worked for each carrier.

   (2)  A motor carrier, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on-duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.

 (k)  Retention of driver’s record of duty status is as follows:

   (1)  Driver’s records of duty status for each calendar month may be retained at the driver’s home terminal until the 20th day of the succeeding calendar month. The records shall then be forwarded to the carrier’s principal place of business where they shall be retained with supporting documents for a period of 6 months from date of receipt.

   (2)  Upon written request to, and with the approval of, the Secretary, a motor carrier may forward and maintain the records at a regional or terminal office.

   (3)  The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his possession and available for inspection while on-duty.

 (l)  Exemptions—100 air-mile radius driver. A driver is exempt from the requirements of this section if:

   (1)  The driver operates within a 100 air-mile radius of the normal work reporting location.

   (2)  The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 hours or is an employe of a public transportation authority and returns to the normal work reporting location and is released within 15 hours.

   (3)  At least 8 consecutive hours off-duty separate each 12 or 15 hours on-duty.

   (4)  The driver does not exceed 10 hours maximum driving time following 8 consecutive hours off-duty.

   (5)  The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

     (i)   The time the driver reports for duty each day.

     (ii)   The total number of hours the driver is on-duty each day.

     (iii)   The time the driver is released from duty each day.

 (a)  Authorization. Upon finding at the time and place of examination, that a driver has violated the driver out-of-service criteria set forth in § §  231.431 and 231.432 (relating to application; and adoption of Federal standards), a qualified Commonwealth employe or a State Police officer who is involved in a systematic vehicle inspection program or who has probable cause to believe that a driver is not in compliance with the driver out-of-service criteria as set forth in § §  231.431 and 231.432 is authorized to declare a driver out-of-service and to notify the motor carrier of that declaration.

 (b)  Responsibilities of motor carriers.

   (1)  No motor carrier may:

     (i)   Require or permit a driver who has been declared out-of-service to operate a motor vehicle until that driver may lawfully do so under this chapter.

     (ii)   Require a driver, who has been declared out-of-service for failure to prepare a record of duty status, to operate a motor vehicle until that driver has been offduty for 8 consecutive hours and is in compliance with this chapter. The consecutive 8 hours off-duty period may include sleeper berth time.

   (2)  A motor carrier shall complete the ‘‘Motor Carrier Certification of Action Taken’’ portion of the ‘‘Driver Vehicle Compliance Report’’ form and deliver the copy of the report either personally or by mail to the address shown on the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

 (c)  Responsibilities of the driver.

   (1)  No driver, who has been declared out-of-service, may lawfully operate a motor vehicle until that driver may lawfully do so under this chapter.

   (2)  No driver, who has been declared out-of-service for failing to prepare a record of duty status, may operate a motor vehicle until the driver has been off-duty for 8 consecutive hours and is in compliance with this chapter.

   (3)  A driver, who has been declared out-of-service, shall, within 24 hours thereafter, deliver or mail the copy of the ‘‘Driver-Vehicle Compliance Report’’ to a person or place designated by the motor carrier to receive it.

   (4)  This section does not alter the hazardous materials requirements in §  231.384 (relating to attendance and surveillance of motor vehicles).