Short Haul exemption AND adverse conditions on one run?

Discussion in 'Trucking Industry Regulations' started by GreenMonster9669, Sep 20, 2015.

  1. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    I just switched from an OTR job to driving a day cab, returning to the same home terminal every night. I go out and back to 4 different destinations every week, a couple of which are 4 1/2-5 hours each way in good weather. My problem is that I'll be slowed down this winter if road conditions are bad.

    I understand the rules about the 16 hour short haul exemption and adverse driving conditions. My question is: is it legal to combine the two, giving me 13 driving hours in a 16 hour day if my trip meets the criteria for both? I've researched it and haven't seen anything about it being an either/or situation.
     
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  3. gnaunited

    gnaunited Light Load Member

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    Part of driving day cab is knowing when and how to throw in the towel. Most major LTLs will give you a CLC card, more or less a pre-paid hotel card. This is something you need to discuss with your fleet manager / supervisor so you don't get stuck on the side of the road.
     
    Last edited: Sep 20, 2015
  4. gnaunited

    gnaunited Light Load Member

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    For instance, during the second major Wyoming I-80 wreck last winter, I got stuck in Rawlins en route to Denver. No amount of extra drive time was going to let me make it back, so I packed it in and found the nearest hotel with truck parking.
     
  5. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    We've already talked about extreme cases where I would have to stop for the night. I'm talking about the times when I have to run 50 instead of 65 mph and need an extra hour or two to get home due to unforseen circumstances.
     
  6. gnaunited

    gnaunited Light Load Member

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    (b) Driving conditions —(1) Adverse driving conditions. Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§ 395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§ 395.3(a) or 395.5(a) to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.

    The 16 hour rule only applies to the 14 hour clock, not the 11, so we are going to focus on the adverse driving exception. The question is, does the +2, as stated above, relate to the 11, 14, or both at the same time. I will leave it at that as I can and do bail out if I know I can't make it back in time.
     
  7. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    The adverse driving conditions rule allows a driver to extend his driving time from 11 to up to 13 hours. It doesn't say you have to stay within 14 hours. What it says is that you must not exceed the maximum allowed under 395.3. Since it's very name (Short Haul Exemption) says that a property carrying driver is exempt from the requirements of § 395.3, it appears that yes, I could use both rules together if the run met the criteria for both.
     
  8. Cat sdp

    Cat sdp . .

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    I thought only an accident got you around the 10 hour rule.... Just slippery / snowy roads are not enough..... Because the winter storm was probably forecast ....

    But I may be wrong.
     
  9. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    I think you meant to type the 11 hour rule, but if I understand correctly anything that could not have been predicted at the time you left the terminal could be an adverse condition. I think if I left at noon under a forecast of light flurries and instead got sleet and ice at midnight it would qualify.
     
    Cat sdp Thanks this.
  10. brian991219

    brian991219 Road Train Member

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    The adverse driving condition exception will allow you to do what you want, extend both the 14 and 11 hour clocks up to 2 hours, provided you also meet the short haul exception, which it sounds like you do. However, the caveat to using the adverse conditions exception is you must not have been aware, nor could it have been predicted that you would run into the delay prior to departing your terminal. So a surprise accident, road closure, or freak storm would allow for the use, but a storm that has been talked about for days or even hours prior to you departing on your run would not allow you to extend your drive time. In reality, it snows in the winter so a routine snow storm is not going to allow you to extend your clock, which is why you see so many ltl and similar types wrecked in the winter, trying to maintain 65 when they should be doing 45, because the clock and schedule is unforgiving.
     
    cjb logistics Thanks this.
  11. GreenMonster9669

    GreenMonster9669 Medium Load Member

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    If anything that will slow me down is predicted ahead of time, the plan is to have a relief driver ride with me, giving us 3 more hours to get home after I limited out. That's why I was wondering about my options if I got caught out somewhere. Probably 30% of my driving is off-interstate so while a snowfall might be routine, a drift across a state highway running between cornfields might be considered a surprise.
     
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