Safty Rating and Fine?

I used the adverse conditions exception yesterday. ran an hour over my 14 cause the OPP had the 401 closed due to a wrecked tanker hauling hydrochloric acid and i didnt realize it until i got to it....the surface streets (non truck routes in the boonies in some small town) which had EDR signs were very screwed up due to the accident.....took an hour to go 10 km. i thought an hour to go 30km was enough time...

 

Hope that works for you............

By the way, it only extends the 11 hour rule, not the 14 hour rule.

If you want to use these excetions...please read them very closely !!!!!

I'm not so sure they pertain to accidents either, it may be more related to weather type delays.

BBBBBBBe careful !!!!!!!!!!!!!!!!!!!!

 

The exception applies only to unforseeable delays. The accident is a good example. Delays due to weather conditions that were readily forseeable would probably be disallowed and would certainly be difficult to justify. You are correct about the 14 hour rule. No exception exists.

 

Wildbill,

That is for placing driver's out of service. For example, I stop you at 0700 hrs on 03/26/10 and your log book shows 03/25/10 at 1600 hours. It is a violation of 395.8 f- log book not current, but I don't place you OOS for not having previous 7 days log book which is 395.8k2.

 

As for the false log book, the CVSA out of service criteria states place driver out of service 10 consecutive hours. Where was the inspection?

 

It has always been my understanding that the only way to be put OOS for your logs, is when you are out of hours. That is the only criteria that is stated in 395. I have been written up for this a few times, but never been put OOS.
The OP said that his driver had plenty of hours left, either the Officer was wrong, or there is something missing.

 

Snake,

That's not quite correct. Let's say for example I stop you on today's date 3/27/10 at 0700 hours. Your log book last entry is on 3/25/10 at 2200 hours. At the time of the stop, your log book is missing today (3/27/10), all of yesterday (3/26/10) and any portion of the day before. At that point, you are in violation of 395.8k2 and placed OOS for 10 hrs. In this scenario you are also in violation of 395.8f1.

If your log book is falsified, you are out of service 10 consecutive hours.

If you are over the 11 or 14 hour rules, you are OOS. If you are over the 60/70 hour rules, you are out of service until you have hours available. Years ago before the 34 hour reset, we used to see a lot of 70 hour violations. There were driver's that were out of service as many as 2 days to gain enough available hours. Here's the regulation for 395.8:

§395.8 Driver’s record of duty status.
(a) Except for a private motor carrier of passengers (nonbusiness), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period using the methods prescribed in either paragraphs (a)(1) or (2) of this section.
(a)(1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. The previously approved format of the Daily Log, Form MCS-59 or the Multi-day Log, MCS-139 and 139A, which meets the requirements of this section, may continue to be used.
(a)(2) Every driver who operates a commercial motor vehicle shall record his/her duty status by using an automatic on-board recording device that meets the requirements of §395.15 of this part. The requirements of §395.8 shall not apply, except paragraphs (e) and (k)(1) and (2) of this section.
(b) The duty status shall be recorded as follows:
(b)(1) “Off duty” or “OFF.”
(b)(2) “Sleeper berth” or “SB” (only if a sleeper berth used).
(b)(3) “Driving” or “D.”
(b)(4) “On-duty not driving” or “ON.”
(c) For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town or village, with State abbreviation, shall be recorded.

NOTE: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) the highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.

(d) The following information must be included on the form in addition to the grid:
(d)(1) Date;
(d)(2) Total miles driving today;
(d)(3) Truck or tractor and trailer number;
(d)(4) Name of carrier;
(d)(5) Driver’s signature/certification;
(d)(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.);
(d)(7) Main office address;
(d)(8) Remarks;
(d)(9) Name of co-driver;
(d)(10) Total hours (far right edge of grid); and
(d)(11) Shipping document number(s), or name of shipper and commodity.
(e) Failure to complete the record of duty activities of this section or §395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.
(f) The driver’s activities shall be recorded in accordance with the following provisions:
(f)(1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.
(f)(2) Entries made by driver only. All entries relating to driver’s duty status must be legible and in the driver’s own handwriting.
(f)(3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver’s duty status record.
(f)(4) Total miles driving today. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver’s duty status record.
(f)(5) Commercial motor vehicle identification. The driver shall show the number assigned by the motor carrier or the license number and licensing state of each commercial motor vehicle operated during each 24-hour period on his/her record of duty status. The driver of an articulated (combination) commercial motor vehicle shall show the number assigned by the motor carrier or the license number and licensing state of each motor vehicle used in each commercial motor vehicle combination operated during that 24-hour period on his/her record of duty status.
(f)(6) Name of motor carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver’s record of duty status. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each motor carrier shall be shown after each motor carrier’s name. Drivers of leased commercial motor vehicles shall show the name of the motor carrier performing the transportation.
(f)(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct.
(f)(8) Time base to be used.
(f)(8)(i) The driver’s duty status record shall be prepared, maintained, and submitted using the time standard in effect at the driver’s home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver’s home terminal.
(f)(8)(ii) The term “7 or 8 consecutive days” means the 7 or 8 consecutive 24-hour periods as designated by the carrier for the driver’s home terminal.
(f)(8)(iii) The 24-hour period starting time must be identified on the driver’s duty status record. One-hour increments must appear on the graph, be identified, and preprinted. The words “Midnight” and “Noon” must appear above or beside the appropriate one-hour increment.
(f)(9) Main office address. The motor carrier’s main office address shall be shown on the form containing the driver’s duty status record.
(f)(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.
(f)(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid, the total of such entries shall equal 24 hours.
(f)(12) Shipping document number(s), or name of shipper and commodity shall be shown on the driver’s record of duty status.
(g) Graph grid. The following graph grid must be incorporated into a motor carrier recordkeeping system which must also contain the information required in paragraph (d) of this section.


(h) Graph Grid Preparation. The graph grid may be used horizontally or vertically and shall be completed as follows:
(h)(1) Off-duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.
(h)(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in §395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)
(h)(3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of driving time, as defined in §395.2.
(h)(4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving specified in §395.2.
(h)(5) Location—Remarks. The name of the city, town, or village, with State abbreviation where each change of duty status occurs shall be recorded.

NOTE: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) the highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.

(i) Filing driver’s record of duty status. The driver shall submit or forward by mail the original driver’s record of duty status to the regular employing motor carrier within 13 days following the completion of the form.
(j) Drivers used by more than one motor carrier. (1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver’s home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:
(j)(1)(i) All duty time for the entire 24-hour period;
(j)(1)(ii) The name of each motor carrier served by the driver during that period; and
(j)(1)(iii) The beginning and finishing time, including a.m. or p.m., worked for each carrier.
(j)(2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.
(k) Retention of driver’s record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.
(k)(2) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty.

NOTE: Driver’s record of duty status. The graph grid, when incorporated as part of any form used by a motor carrier, must be of sufficient size to be legible.

The following executed specimen grid illustrates how a driver’s duty status should be recorded for a trip from Richmond, Virginia, to Newark, New Jersey. The grid reflects the midnight to midnight 24 hour period.
Graph Grid (midnight to midnight operation).
NOTE: The driver in this instance reported for duty at the motor carrier’s terminal. The driver reported for work at 6 a.m., helped load, checked with dispatch, made a pretrip inspection, and performed other duties until 7:30 a.m. when the driver began driving. At 9 a.m. the driver had a minor accident in Fredericksburg, Virginia, and spent one half hour handling details with the local police. The driver arrived at the company’s Baltimore, Maryland, terminal at noon and went to lunch while minor repairs were made to the tractor. At 1 p.m. the driver resumed the trip and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at which time the driver started driving again. Upon arrival at Cherry Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth for a rest break until 5:45 p.m. at which time the driver resumed driving again. At 7 p.m. the driver arrived at the company’s terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required paperwork including completing the driver’s record of duty status, driver vehicle inspection report, insurance report for the Fredericksburg, Virginia accident, checked for the next day’s dispatch, etc. At 8 p.m., the driver went off duty.


395.3a:
§395.3 Maximum driving time for property-carrying vehicles.
Subject to the exceptions and exemptions in §395.1:
(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
(a)(1) More than 11 cumulative hours following 10 consecutive hours off-duty; or
(a)(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after —
(b)(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(b)(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
(c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

 

DieselBear, was I correct is assuming that these violations will show up on both the drivers and owners rating, even though he claims there was no fines, and only an OOS. It seems to me that his OOS is a citation, just without a fine attached.

 

I know I';m not DB but I'm sure it will unless he just put him OOS and didn't turn in the paperwork for it.

 

I think so also. I seem to remember him saying he was faxed a paper with the violations and the OOS order. My thinking is if a paper was generated, then it was entered into the system.