Ticketed for violating 11 hour rule

Did he write you up a roadside inspection form showing violations or just a ticket? I think you just got away with murder if he did not shut you down for 10 hours.

 

Did you exceed your 14? Could you have known at the beginning of the day that there would be a snowstorm at the end of the day?

If no to both questions, you can argue adverse conditions.

 

Double Yellow is correct.

“If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods.

“Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty.”

Adverse Driving Conditions 395.1(b)(1)

In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.

If the following conditions apply, then you can drive for up to 2 additional hours ( 13 hours total, as long as you do not exceed your 14-hour rule. All Steps must be met- see step below.

1) You unexpectedly run into snow, sleet, fog or other bad weather or a highway covered with Snow or Ice or usual road or traffic condition

2)The person who dispatched your run was NOT and could not have been aware of those conditions

3) The run is one that you could have normally complete in 11 hours and

4) You are able to complete the (extended) run without exceeding the 14 or 70-hour limits

YOU CAN NOT use the adverse driving conditions exception for delays that YOU should have known about, such as congested traffic during rush hour.

 

Where your from has nothing to do with this. It all depends on the actual VC Code he wrote you under. If he wrote you for driving over hours violating HOS there is points assessed, just depends tell us more.....

 

Any port in a storm. Go behind some shopping center or pick out an industrial park and park along side some parked trailers. It will be the AM before anyone discovers you are not supposed to be there and you can leave when asked to. Just claim you were lost...Parking ticket is better than HOS ticket. OR
Stop with about 5 hours left on the clock, when there was plenty of room in the truckstops. Nothing we haul is that important...

 

All good avice. I'd fight the ticket with the adverse weather clause if you were under your 14. I've always had good luck in industrial parks. A security guard tried to run me off a vacant warehouse lot in Texas once, but I greased his palm with twenty bucks.

 

So the only storm was a blizzard that was talked about for a week before it hit. Not sure that anyone could say they didn't know it was going to snow. Also most would argue that to utilize the adverse condition clause one would have to be able to "complete" their run. So if you were not less than a hour away from your final destination you are probably in violation. The provision is really made for more local drivers and not OTR.

 

It will show up on your CSA2010 DAK Report as a HoS Violation against you not on your Driver's License as a traffic violation. I was given a HoS last year I didn't have to pay the fine but I had to sit 10hours

 

Hey when you get a ticket ask the officer or call clerk of court and ask if you can pay extra amount and keep it off your record. Most cases this is possible. Yes the added expense sucks but it's a great deal cheaper in the long run.