Rest Break Provision Mandated in the New Regs by FMCSA

Written By: Gary Kirkland

For those that don't know an OTR Truck Driver does not get paid by the hour. The Pay is by the miles that's why BS Rules and Regulations like.

"Rest Breaks-May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper-berth period of at least 30 minutes. [49 CFR 397.5 mandatory "in attendance" time may be included in break if no other duties performed]"

OK lets do it this way. Lets say you get paid by the Mile. Lets assume you make $0.35 per mile. You got 11 hours you can drive and you can only work 14 hrs. You sat at a shipper getting loaded for 5 hours this gives you 10 hrs. Left to drive.

You go to the nearest cat scales to make sure your weight is legal because if your tractor/trailer is over 80,000 lbs you will get fined. You find out your weight isn't right and the shipper has to get your weight right. You drive back to shipper for them to adjust now the drive to the cat scale took you 30 minutes and the scales took you 15 minutes and the drive back to shipper took you 30 minutes. It takes them 15 minutes to adjust your load and 30 minutes back to the CAT Scales to weigh yourself again and you spend another 15 minutes there. This leaves you 7 hours 45 minutes your not being paid till you start heading to Consignee. You spent $12 for a scale ticket the company might or might not reimburse you for. You drive 7 hrs 45 minutes. You made 143.15 that day. The scale ticket cost you $12, 3 meals cost you $60, your shower cost you $12.00, uncle Sam cost you $21.47. That leaves you $37.68 which equals to $2.69/hr.

You get your Government mandated 10 hour break. You could deliver today because its 11 hrs away and you could break for your mandatory 10 to rest but after 8 hrs of Driving you have to stop for 30 minutes this consignee wont let you park there and its gonna take 3.5 hrs to unload you. You can't deliver this load cause you'd be over your 14 for the day. That 30 minutes didn't only cost you 30 minutes of Drive for that day but cost you an extra 3.5 hours the next day all because the FMCSA a government body that gets a nice fat salary says they know what's good for you and costs the U.S. Taxpayer $80 Billion a year to operate