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Trucking Industry Regulations Wipin' The Fog Off The Log. Forum/Discussion of trucking regulations, hours of service, log books, rules, laws, etc.

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Old 03.30.2007
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DANG!

Boy, thought I was saved there for a minute!
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  ^ Top   #12  
Old 03.30.2007
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Mr. Green Jeans: Where did you see that it has been repealed?
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  ^ Top   #13  
Old 03.30.2007
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Quote:
Originally Posted by Sportsoutlaw View Post
[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

There is the "FAQ" on the 16 hour exemption
16 hour rule exemption is only for Short haul drivers. OTR drivers do not and never had any 16 hour rule. We did prior to 1-1-2004 have a 15 hour rule, BOY DO WE ALL MISS THAT ONE?
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Old 03.30.2007
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Me Bad You right

Section 395.1(0) is still in effect

you can read the section here [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

it is at the bottom of the page, read 395.1(0)(1)
The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked

Sorry for the mistake Hope this helps
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  ^ Top   #15  
Old 03.30.2007
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Quote:
Originally Posted by Mr. Green Jeans View Post
According to the FMCSA website , section 395.1(0) has been removed from the new regs effective October 1, 2005. The FAQ that is referenced above is dated August 2005.

So it looks like there is not a section 395.1(0) (16 hour exemption) currently in effect
August 2005 is when they finaled the rules and it was to go into affect on 10-1-05. They had to give companies/drivers time to plan the change.

The rule is in affect, although it is only for local drivers/short haul. You have
to report to and back to the same place of business. Something like that. An OTR driver can't use it.
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  ^ Top   #16  
Old 03.30.2007
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Quote:
Originally Posted by MedicineMan View Post
that is a 1 hour extension for bad weather which allows you to drive 12 hours but I don't think it extends your 14. There is also a 16 hour exemption you can use but you have to fit the fallowing rules.
1. you have to have started at your home location and finished there (no sleeping on the road)

2. you can only use it once in a week.

I feel like there is another one. Logs do you know it?

either way if you didn't sleep on the road I'd use it. Log it like you did it and write "16hour exepmtion" on the log. I use this once a week when I do my local run. Most people don't knwo about it though and I have had to explain it to a dot oficer once. Our safety guy gave us a copy of the statute to carry with us to show them just in case.

WHat you should have done is taken that pre pass and sat on it. Then it wouldn't register.

You could also log it legal an hope nobody catches it. but its your rear if they do
I would check into this MEdicine man and I could be wrong really, I don't practice using the 16 hour, but read this and see what you think. I could be reading this wrong.
E-3. May a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?
As stated in § 395.1(o) and current § 395.1 Interpretation Question 15, a driver having more than one work reporting location could use the § 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of

§ 395.1(o)(1) that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..." A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless he worked six days per week, and then the exception could only be used on the sixth day.


Now there is the Adverse weather is 2 hours over the 11. You must have been able to deliver the load without the delay and there is other rules. But whichever comes first safe place to park or the delivery. That is the tricky part.

Now you might get by with logging one of the above (I would go with an accident/delay of some kind) and log it as you did it and make the note. Try the note about 16 hour delay and play dumb, but you sound like you might give yourself away with the guilty consious my opinon anyhow
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  ^ Top   #17  
Old 03.30.2007
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Quote:
Originally Posted by Mr. Green Jeans View Post
Me Bad You right

Section 395.1(0) is still in effect

you can read the section here [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

it is at the bottom of the page, read 395.1(0)(1)
The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked

Sorry for the mistake Hope this helps
But the driver in discussion of this thread does not report to normal work reporting location and be relased at that location for the previous five duty tours the driver has worked(days). I don't think so anyhow, or he wouldn't want to be running illegal to get home. Read the post above I sent.
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  ^ Top   #18  
Old 03.30.2007
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Sorry, I was just trying to help. I will gracefully bow out of Log discussions in the future and defer to Logs R us
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  ^ Top   #19  
Old 03.30.2007
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No, please, all voices welcome!

I do report to the same crossdock daily, and generally end there as well, definitely for the previous 5 "tours of duty."

But am I "short haul?" I was running 250 miles out, 250 miles back. I coulda been back within the 14, but I was expecting to stay out (I got called back right around 13, or 3 pm). They told me to be back by 8 am the next day, and I could have done that (should have done that). But if I had taken that break, I would have had to drive these passes in deep snow, and, besides the displeasure of chaining, it's just plain dangerous regardless. But I wouldn't qualify under "adverse weather" because I hadn't been "delayed" -- I was trying to get ahead of the weather.

Wish I'd sat on that pre-pass!
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  ^ Top   #20  
Old 03.31.2007
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Just log what you did and notate that it was for safety reasons due to incoming adverse weather and the need to find a safe haven.

At the 2 companies I worked at doing OTR . In 800,000 miles of driving, I was called in 1 time on my logs and that was becuase I forgot to put the number of days off in the off duty box on the log page when I was at home.

They did not care how you logged in practice as long as they recieved a correct log book to send thru the machine. Now if you got in a wreck and your logs were phony, then they would say how dare you and feed you to the sharks.
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