The 16 hour exception?:

Discussion in 'Trucking Industry Regulations' started by Powell-Peralta, May 10, 2010.

  1. Powell-Peralta

    Powell-Peralta Road Train Member

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    Can you explain what the 16 extension jazz is all about?

    Does this apply only to local drivers who do not go more than 100 air miles from their terminal, or does it apply to anyone?

    i recently went over 14 hours mainly due to a road closure(I-95) where we had to take a longer route and i would have normally made it back under 14. That, plus i took a 3 hour nap mid route.

    b) is there an adverse traffic exemption, like the bad weather exception, that we can use if we go past 14 hours? 11 hours?


    i went to the USDOT site, but i couldn't really get any clear cut answers.
     
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  3. dancnoone

    dancnoone "Village Idiot"

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    No it doesn't just apply to local drivers.

    Did you go past the 16 hour mark ?? I ask because you mention the 3 hour nap.

    What was your total driving time in that period ??

    Highway closures are not generally considered "adverse conditions". Adverse conditions are defined as "unavoidable". Meaning this particular condition could be and was avoided, by rerouting traffic.
     
  4. otherhalftw

    otherhalftw R.I.P.

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    Not always the case for the highway closure...example; a rock slide, or highway sink hole which can't be expected. However, if the slide or road closure is reported and known then it can't be used as "emergency relief" issue.
     
  5. dancnoone

    dancnoone "Village Idiot"

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    And they'll use your log book to judge whether it was adverse or not for you.
     
  6. Powell-Peralta

    Powell-Peralta Road Train Member

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    OK, no i did not exceed 16---i exceeded 14 hours by 15 minutes, so i was on duty for a total of 14.25 hours that day. Even with a 3 hour nap which i really needed. Actually, let me rephrase that: i logged the nap as off duty even though technically it should have been logged on duty since i have no sleeper. So what really happened was i went past 14 hours rule by 15 minutes. i wasn't nessesarily "on duty" for 14.25. i think what i might do next time is just log the nap as on duty since it really makes no difference as far as the 14 hour rule goes because the 14 hour rule generally can't be stopped.

    My total time driving for that shift was well under 11 hours. Around 9 hours total.
     
    Last edited: May 10, 2010
  7. dancnoone

    dancnoone "Village Idiot"

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    You should be okay. Provided you meet the remaining provisions of the law.

    See link.
     
    Powell-Peralta Thanks this.
  8. phroziac

    phroziac Road Train Member

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    The adverse conditions exception does not specify what adverse conditions are, ie weather, traffic. It only says that they have to be unexpected, unreported, non-obvious...cant use it in rush hour traffic, known storms, known construction, etc...

    like one time, i was in ontario on the 401, and a tanker was in the middle of the highway burning, and the OPP had the 401 shut down but did a very poor job of setting up a detour. They just forced all traffic off an offramp, the EDR (emergency detour route) signs took you down some goat trails with 5 tonne/axle weight limits, through a small town's downtown area, traffic lights....and they were not directing traffic at lights or anything, so it got very backed up very fast...

    took me 2 hours to go 2 miles, ran out on my 14, but the truckstop i was planning on stopping at was right on the EDR route before re-entry to 401...

    T
     
  9. stranger

    stranger Road Train Member

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    The 14 hour exemption only can be used once a week,and only by someone that returns to their home terminal every night. At least that's the way it was used where I worked for a while. The very first question asked when we would call in to use the 16 hr rule was had we laid over that week. We had electronic logs, and were usually home every night.
     
  10. otherhalftw

    otherhalftw R.I.P.

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    Another point of the exception, with returning to the terminal every night...is the fact that you can't cross into another state, or haul any freight that could be considered interstate goods..that alone will remove the "local" distinction of the exemption.
     
  11. Yatista

    Yatista Medium Load Member

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    IIRC your points apply to intrastate vs. interstate. Local interstate drivers can cross state lines, but, are limited in air miles from the terminal they work out of and return to every night.
     
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