Question:
In my hourly job driving construction equipment around for a rental company, I get on average about 11 hours a day, but frequently get a littlemore, up to 13 a day sometimes. I do not fill out a log book. Why is it that there seems to be 2 kinds of legal rules for drivers? And why am I in the group that is apparently exempt from the 11-hour legal limit for driving? I can drive my 30-foot flatbed truck for 12 hours legally? Even tho I am not literally on the road for 13 hours, I am still "driving".

Answer:
Running local you can work 12 hours a day/60 hours a week.
You don't need a log book.

Answer:

Two types of Drivers. Let's say Local(100 air mile radius) and Long Distance,
you being Local. A "Local Driver" making many multiple stops would be
hardpressed to keep track of his Driving and On Duty time and is allowed to log it as On Duty. Keep in mind this is my simple answer to your complex question regarding FMCSR.
Answer:
395.1 Scope of rules in this part.
Scroll down and read 'e'.


Answer:
Hoss, the new JohnQ!
Just teasing! Both you guys give good advise and should be apreciated by all on this board!

Answer:
Have to give Hoss an atta-boy.
Hoss has provided the applicable rule. The key is:

Part 395.8 is the drivers log book. The driver is not exempt from the hours of service.
The second key is:

IOW, as soon as any one of the criteria is not met a log is required, i.e.:

Any day the driver is not released within 12 consecutive hours the driver is required to have a log for that day. The log would have to reflect each stop and all driving, on-duty, and off-duty time.
Be safe."If men were angels...No government would be necessary."
51st Federalist Papers
"Nichols' Fourth Law says, "Avoid any action with an unacceptable outcome"

Answer:
So, if I clock in at 6:30am and work till 7pm with a 30 minute lunch break, for a total of 12 work hours, I do NOT need a log and I do not break any laws? Further, I must also stay within a 100 air-mile radius.
No matter how many hours I work, if I stray further than 100 miles radius, I must have a log book for that day?
So it seems the log book is the key. If, for whatever reason, I need to keep a log book, do I then fall under the rules followed by the rest of you, as in I can only drive for 11 hours, then must take 14 off? (I hope I at least got the 11:14 part right, hehehe).
So, finally, if I end up needing a log book for the day, I have to work 11 hours or less, with a log book. And my employer should keep, for 6 months, a record of that day I needed a log book?
Sorry if I am coming off dense or repetitious. I'm just trying to understand the wisth and breadth of the issue. Dont wanna get this career off on a bad foot.

Answer:

Incorrect. If you clock in at 6:30 AM and clock out at 7:00 PM you have exceeded the 12 consecutive hours and are required to fill out a log for the day.

Correct.

Correct

Let me say again! As a 100 air-mile radius driver you are NOT exempt from the hours of service, you ARE exempt from the log book!
The hours of service are:
11 hours of driving with each 10 hour break.
and
No on-duty driving after the 14th consecutive hour of coming on-duty.

To be exempt from the LOG BOOK:
1. Less than 100 air-mile radius from the terminal
2. Be released within 12 consecutive hours.
3. No more than 11 hours of driving time.
4. Must have at least 10 consecutive hours off between each shift.
5. Employer must keep true and accurate time records indicating:
a. Start Time
b. End Time
c. Total Hours on Duty for the day.
If ANY ONE of the above conditions are not met a log is required for that day.

No, your employer must keep time records of EVERY DAY you work and any day you fail to meet the exemption listed in 1 through 5 you must fill out a log.
Record keeping violations carry a maximum penalty of $500 per offense not to exceed $2,500 per day. 30 days could be as much as $75,000.00
Be safe."If men were angels...No government would be necessary."
51st Federalist Papers
"Nichols' Fourth Law says, "Avoid any action with an unacceptable outcome"

Answer:
Hmmmm...I'm wondering if this concerns an INTRASTATE Driving position.
Answer:
Thank you John Q, Hoss, and RABELAM! I think I have it straight now. Under no circumstances can I drive more than 11 consecutive hours. If I exceed the 100-mile radius, I must fill a log book.
If I work 17 hours one day, my log should show that I only drove for 11 hours or less in that time, and that the time between finally clocking out that day and clocking in the next day is 10 or more hours.
Since I am a "Property-carrier" (3i), I must get 10 hours off per 12-hour block worked, so, technically, for that 17-hour work day I should be off for the next 20 hours? OR even if I only work 13 hours?
I can see why there are people around who dont bother to log accurately. Its not hard to understand if you take the time to get it, but its still a pain. BTW, this is not an intrastate position. Its rare that a driver exceeds 100 miles, but it is common for us to work more than 12 hours. Everyone is scheduled from 6:30am to 5:30pm every day, and its rare we leave on time or early. But no one EVER fills out logs. The purpose of this thread is to educate myself as much as possible so I can raise the issue and speak with confidence. The hard part will be convincing them to enforce these rules, as no one that I have ever heard of, has been ticketed by DOT for violations.

Answer:
Rebelam:

Illinois extends the 100 air-mile to 150 air-miles for intrastate commerce. California, Florida, and Texas are three states I can think of that have revised HOS for intrastate drivers.
Akkori, the thing to keep in mind is that when things go south it's important to have your ducks in a row. Violating the HOS and the legal operating hours could result in hard time in the event of a fatal accident.
Be safe."If men were angels...No government would be necessary."
51st Federalist Papers
"Nichols' Fourth Law says, "Avoid any action with an unacceptable outcome"

Answer:
Thats some thing alot of drivers forget or just ignore. If the worse does happen it will be your butt. No one will step up to help you out.