How long can I work and still drive?

[mchristie]

I am a field technician in michigan and sometimes I work 15-18 hours a day and once I get home I am getting sometimes only 4 hours sleep untill my next shift. Due to this I am falling asleep while driving the company vehicle on company time. Eventually I overslept and then was written up for this. The previous day I had worked 16 Hours. I find it very dangerous to work under these conditions. I My job consists of driving a lot since I am all over southeast michigan. Someone told me there is a law for drivers which U can not work over a certain amount of time if you scheduled the next day. I am having a hard time finding it becuase I plan on petitioning my write up since if that is to they are working me far to much. If someone could lend me a hand I would appreciate it.

Mark

[cbg]

I am not aware of any law that requires you to have any particular number of hours between shifts. While I do not disagree with your overall premise, I believe the law you mention refers to people for whom their ONLY function is driving - truck drivers, for example - not people who simply drive from one job location to another.

You can certainly check with your state DOL in case your state has different provisions.

[mchristie]

392.3 Ill or fatigued operator.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]

this is from the DOT website i think.

[mchristie]

392.2 392.4 >

392.3 Ill or Fatigued Operator

Question 1: What protection is afforded a driver for refusing to violate the FMCSRs?

Guidance: Section 405 of the STAASurface Transportation Assistance Act of 1982 (49 U.S.C. 31105) states, in part, that no person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee's compensation, terms, conditions, or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any Federal rule, regulation, standard, or order applicable to CMV safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration.

also thiswas the interpertation

[cbg]

But are you driving a commercial vehicle?

I've already said I don't disagree with your overall premise; I simply question whether those laws apply in your situation.

But by all means contact the DOL and ask; I'm sure I don't want to be the one to meet you when you're driving after an 18 hour shift and four hours sleep! I'd be just as happy to find that I'm wrong.

[mchristie]

"Every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise and motor coaches carrying passengers; including trailers and semitrailers and tractors when used in combination with trailers and semitrailers, and excepting such vehicles as are run only upon rails or tracks,"


i drive a company van. this is a commercial vehicle.


Commercial vehicle is any vehicle used for commercial porposes

[mchristie]

another definition....


Any motor vehicle other than a passenger vehicle and any trailer. Semi- trailer or pole trailer drawn by such motor vehicle, which vehicle is designed, used and maintained for the transportation of persons or property for hire, compensation, profit, or in the furtherance of a commercial enterprise.

[mchristie]

I will have my write up removed from my file.... I drive a commercial vehicle and I was to fatigued to do so. On my write up on the comment section I wrote I felt it was dangerous to drive under such conditions, I signed it and a manager signed it. However MY manager disagreed with my write up and I was going to write up a plea. So my mananger and me are going to the person above of us in our shop to present this plea, now my case is rock solid. I only fear them feeling I am going to be a problem and want to get rid of me in some other way. Companys have good ways of writing people up for every little thing just to remove them I have seen it happen. But in my plea I am going to state it is not a attack on my company. I am of 50 technicians ranked 4th in september and so far in october am #1 they dont wanna get rid of me but any kinda write up will set me back to get my raise.. I start over everytime it happens and I need 6 months of clean record. This is the only bad thing on my record otherwise I am a awesome employee and only benifit my shop.




Mark