I am, and was then, a member of OOIDA. They were the ones who told me to appeal to the FMCSA, that was really my only recourse since I wasn't issued a ticket.
Just some of the stupid things I see
Discussion in 'Trucking Industry Regulations' started by dieselbear, Jan 31, 2010.
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This is where we run into many issues within the industry. Interpretation of the law(s).
That same rule could crucify a driver who's home and work location were 2 hours apart using his/her personal vehicle to return to work. Log Book Falsification
I can hear the conversation now. "Oh, your boss called you at 4am and called you into work and you arrived at 6am? Where's the 2 hour on duty time? You were "reporting to work" as ordered by your employer. But you didn't log it."
I know that couldn't possibly ever happen.
But I do know that a Memphis PD rookie called a supervisor out to a traffic stop, at the drivers request. Because she was about to write the driver a ticket because the tag on the trailer didn't match the one on the front of the truck.
Injun Thanks this. -
Medic,
We all know by now you are hot shoting the camper. Don't put your family in the truck, your bikes on the back to make it look like your going on vacation.
Injun, 07-379Pete, volvodriver01 and 1 other person Thank this. -
I will agree and have had this same discussion with many of my co-workers. Some say if trailer is hooked up it is not "unladen" because you could be getting closer to a load. Which is true. Some say that a driver could say personal conveyance with a empty trailer because their is no freight on board. I see both parts of the arguement. I do believe you need to look at each one on a case by case basis. I know some would not believe that a driver or anyone for that fact would lie to me on the side of the road.
If there was a clear cut definition, which it is not, only an interpretation in 395. That would make it clearer. The interpretation states "short distances". What is short to me, is not short to the next guy. If a mileage restriction or a time restriction beyond the 11 or 14 hour window was written it would make it a lot easier to deal with. Now I rely solely on the interview of the driver, logs, receipts, ect. Some guys make it easier to tell through there BS, others make it easy to see their side or version.
From my standpoint I have to be reasonable and think rationally and evaluate each situation independant of each other. I have had ones in the past that run 800 miles staright up, drop and hook onto a empty and return stating "personal conveyance." But they are returning to the same location they loaded from before and tell me when they get back they are getting another trailer and dropping the empty they are hauling. For me 800 miles is not a short distance after you just ran up, took a few hour nap and back on the road. Hopefully that will be something that gets addressed in this new hours of service rule.Scalemaster and kajidono Thank this. -
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