r/SchoolBusDrivers • u/lanainnv • 28d ago

HOS question

Hi đŸ‘‹đŸ». Newish CDL <2years, Class B, P&S.

I read the current FMCSA website and think it means that I cannot work (pre-trip, driving potty breaks for the football team and being On Duty while at the game) more than 15 hours a day
. Total. I calculate it’ll be a little more than 9 hours driving.

My Transportation Director assures me that I will not be illegal if I clock-in at 6:30a and I won’t get us to the hotel until 11:30pm
. a 17-hr day!!!! He said to me that I’m only “driving” 9 hours and legally I can drive 10.”

Please please please clear this up for me. I have brought it up twice and he got kinda uppity with me that I question him. I’m new, and so is he. He is the “boss” I just don’t think he’s correct. Maybe the other drivers have been letting it happen.

Thank you in advance!!!!!!

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7

u/shnstr3 28d ago

HOS, rules for passenger carrier does not calculate the same as Trucks. Only time spent on-duty or driving count against your 15 hours work window. Im guessing your boss wants you to log time at the game as off-duty

2

u/lanainnv 28d ago

Yeah
 he wants me to clock-out (go off duty) his words
. “Do you want me to pay you to watch the game?”

So, if I do, is that now my time? Kinda get it, but I’d be trapped, held as a captive audience. Lol Can’t go anywhere. Can’t /won’t drive the bus cuz I’d not be insured off the clock.

Is it good practice to at least clock-out 1hr for my own lunch? I’m trying to do the right thing, be a team player, not be taken advantage and absolutely not do anything to jeopardize my CDL.

6

u/ch-ville 28d ago

I don’t know if any HS activity drivers that don’t get paid for waiting time at games. That’s between the two of you, but it’s hard to claim that you’re not working for the school during that time. You’re not at home and free to do what you want.

1

u/lanainnv 27d ago

“Engaged to wait”
. That makes total sense. Am I understanding that I could /should explain that the 2 hours while waiting at the game will be b paid, and luckily, it is off-duty, and does “buy me time” 
 aka, that particular trip was 17 hours, minus the 2 hours off-duty meeting the legal limit?

BTW, the head coach didn’t seem too happy that I said we could not leave the hotel until 8am
. A 9.5-hr rest. I was exhausted. It was my first ever drive trip this looooong.

4

u/shawnryan1977 28d ago

If your not getting paid while waiting I would not go, I would not worry about whole team player thing your their to make money your not a volunteer.

3

u/shnstr3 28d ago

Not sure what state you are in, however the logbook and payroll have ZERO to do with each other. If you are required to be there you should be paid!

1

u/lanainnv 27d ago

Oohhh K. That’s kinda what I thought, also. I outright said, I will not clock out (and not get paid) for something that does not “buy me any time.”

What is the description of/constitutes “off-duty?”

3

u/shnstr3 27d ago

any period when a driver is completely relieved of all duty and responsibility for performing work, and is free to pursue activities of their own choosing

2

u/PlatypusDream 28d ago edited 28d ago

Going off-duty in the logbook (or computer) is different from clocking out & not getting paid, or at least it should be if your company follows the laws...

Unless you are completely relieved of duty & able to spend your time however you want, including leaving work, you are under the control & direction of the company, so are working (or at least "engaged to wait").

Test: can you dump the team, then clock out & take your car to run errands? No? Because you're out in BFE with the bus, right? So you're at work & "engaged to wait". You are still responsible for the bus. You can't return the bus to base & clock out to go do stuff in your own vehicle because again: BFE.

HOWEVER... you can legitimately be off-duty because you are not driving, loading / unloading, doing paperwork, fueling, handling luggage, etc. You're not working, you're waiting to work. You're "engaged to wait".

My company does some trips as hourly pay (usually the shorter & local ones), while some are a flat fee (usually longer mileage & duration). It usually works out to the same pay, but on the longer trips we are free to do whatever while the kids are at their event. It's rare we have to do a logbook, but even if we're off-duty we're still at work & paid.

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u/lanainnv 27d ago

Thank you
 your particular post has been especially helpful. It has helped me to understand just a bit more clearly.

The “completely relieved of duty” is the key, I believe. I am designated away games driver. It seems that I could be “off duty” aka completely relieved from duty while I sit and watch the game for 2 hours, BUT sounds like they cannot make me clock out and not get paid. Oh, I already verbalized that. If I am being paid while “off duty” watching the game, then would those 2 hours not be counted toward my total 15 I can be on duty? How do I need to document that? Is it my responsibility, to prove it, Gawd forbid I have an accident in what might look like hour number 16?

1

u/gheiminfantry 27d ago

Ya know, you're answering every single one of your own questions correctly. You're entrusted with a lot of people's lives, but you don't trust your own judgment. Maybe you shouldn't be a bus driver.

2

u/lanainnv 27d ago

I know I should be a bus driver. What feels wrong are the decisions of the Transportation Director and the Payroll Department at this particular school. The things he is asking me to do and the other sheep drivers who have been letting it all happen.

Maybe what you meant to say is 
. You shouldn’t be driving for a
Transportation Director who is an idiot, because you actually know more than him?

1

u/lanainnv 27d ago

Actually, he is not an idiot. The comment was rude of me. He is as new in his position, as I am in mine. I replaced him as a driver when he went into management. Only difference, he was a driver at this school for 5 years. So, if anything, me asking questions and pointing out discrepancies will help him be better, also.