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Re: Has the Hours of service been changed since the National Emergency?
Author: tundraboomer
Date: 03-28-2020 - 19:10
J Wrote:
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> There are provisions in the statute to allow a
> carrier to waive the hours of service in extremely
> unusual circumstances.
The statute isn't waived, it's knowingly violated. For example, a crew could go DOL then the DS could tell them to secure their train. Securement is "covered service" and subject to HOS. If the crew obeys (and most would) it is supposed to be reported as a violation to the FRA by the carrier. I can tell you right now the crew would report it to their local chairman who would then report it to the FRA so the carrier damned well better report it. This is not an exemption, it's a willful violation by the company and they will be fined. That is not the same as an exemption.
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> There are provisions in the statute to allow a
> carrier to waive the hours of service in extremely
> unusual circumstances.
The statute isn't waived, it's knowingly violated. For example, a crew could go DOL then the DS could tell them to secure their train. Securement is "covered service" and subject to HOS. If the crew obeys (and most would) it is supposed to be reported as a violation to the FRA by the carrier. I can tell you right now the crew would report it to their local chairman who would then report it to the FRA so the carrier damned well better report it. This is not an exemption, it's a willful violation by the company and they will be fined. That is not the same as an exemption.
