I can say you are right the truck stops are full at many given times, however DOT states you know what truck stops are full at what time of the day "usually". Honestly I had many drivers come in running their mouth saying do you know this truck stop is busiest at this time etc to try and use it as an exscuse and I say listen you know it's going to happen so you should plan 1/2 truck stops before it or after it to stop BEFORE your 11 or 14 hour rule. DOT does not allow any driver to run over their 11 or 14 hour rule to find a "safe place to park". They allow that only for Adverse weather/ unexpected conditions (most weather issue's are known prior to dispatch, not always but most).
So what I always suggest is plan when you get your load to be held up 2-3 hours at the customer and make sure you have enough time to get to a truck stop or a "safe place to park for you" and if you can't ask your dispatcher to move the time or have the load relayed. If you run it illegal:
YOu could get in an accident on the way to deliever (or leaving the delivery) and get in an accident (not your fault or your fault) and the attorneys find out you was running over your 11,14 or 70 hour rule (which is easy to discover by the experienced) and the jury/judge may sentence you to prison or out ragious fines. So I just warn you be legal at all times.
No I understand your world is not perfect, I REALLLLLLLLLLYYYYYYYYYYYY DO! However the FMCSA (Federal Goverment) has made these rules and you are legally bound to them as a truck driver. You should be taught this as you sign your school papers etc. However not many drivers are being trained properly/fully on their log regulations. It's the most IMPORTANT tool in your career
Good luck
Do you run illegal on your logs?
Discussion in 'Trucking Industry Regulations' started by LogsRus, Mar 28, 2007.
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Oh and just because they send you a message does not mean you have to start your 10 hour break again. It's basically your call. Constitent messages between you or the dispatcher would interrupt the sleeper break or 10 hour break. Being sent a message to check on you is not an interrupt, however if you don't feel like you are safe to drive the next morning you can tell dispatch you did not get enough sleep/didn't sleep well etc and they should understand. I am sorry to say in the same respect make sure you are getting the required rest to full fill your sleep needs when DOT requires you to.
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Like I said, perfect world.
The DOT cannot expect a driver to know what truck stops have space and what ones don't. Give me a break. If it is the first time you are delivering in the area, you are lucky to even find the shipper let alone a truck stop. If they do expect this, they had better let the driver in on the secret knowledge.
You can deliver in LA and find the nearest truck stop is many miles away. By the time you get there it is full. You have no choice but to keep driving. There is NO WHERE to park. It cannot be attributed to POOR planning. The driver has no control over where they load or when they load. The company does. You can plan your load all you want. The shipper or receiver control your time. The driver controls nothing. When you are finally loaded or unloaded is not a known time.
I do know the logs and FMCSA. It was taught in school. I was a DOT Superintendent over 150 drivers. I know the rules. However, there are many times it is beyond the drivers control. Yes, you can get into trouble for running over the log. You can also get into trouble for illegal parking, refusing to leave the shipper/receiver. You can also get fired for upsetting a customer. They are more important to the company than the driver.
I have contacted safety concerning the issues and been advised what the law says. They then tell me I have to do what the job requires. -
The point is write down "BEFORE" you get pulled over what happened (it's like we teach our kids be honest upfront and the punishment is less harsher, however sometimes we as parents lie depending on what they did).
So do what you have to, but using that exscuse every day or every week will wear thin on the officer and feel you are using it as just that "an exscuse"
Hey I fully agree with you, you don't always know etc.That's why split breaking knowledge also comes in handy. So know the HOS all of them on the back of your brain!
I am not against you drivers, I just stress the legal regulations and stress you should follow them -
A friend of mine delivered a load to the Walmart Dist Center, Olney, IL. His company told him that he would be allowed to take his 10 hour break there. The center told him no way. He had 15 minutes to find a place to park. The center told him he could go to the little truck stop just down the road or to the Walmart store 10 miles up the road.
He circled the truck stop for about 5 minutes. Decided to go to the Walmart. He was caught 3 blocks from the Walmart, just over the log time. He had been speeding. Illinois trooper wrote him a speeding ticket and a log violation for the 14 hour rule. He then escorted him to the Walmart for his break.
He went to court. Judge asked him about the situation. My friend told him what had happened. Judge let the speeding ticket stand, but threw the log book violation out. He said the officer should have know better, the driver was just trying to find a place to take the break. -
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Either way don't take them chances to many times. This question is specifically asked in the regulations and is copied and pasted from the FMCSA website
Question 28: Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 10 hours driving and found the rest area full, forcing the driver to continue past the ten hours driving looking for another safe parking area?
Guidance: No. The emergency conditions exception does not apply to the driver. It is general knowledge that rest areas have become increasingly crowded for commercial motor vehicle parking, thus, it is incumbent on drivers to look for a parking spot before the last few minutes of a 10 hour driving period. The driver should provide the reason for exceeding the 10 hours driving in the Remarks section of the record of duty status.
Question 4: Are there allowances made in the FMCSRs for delays caused by loading and unloading?
Guidance: No. Although the regulations do make some allowances for unforeseen contingencies such as in §395.1(b), adverse driving conditions, and §395.1(b)(2), emergency conditions, loading and unloading delays are not covered by these sections -
I know the rules. Quoting regs makes no difference.
The judge understood the problem the driver was having. It was not under the control of the driver. Does it mean the next judge will feel the same. No. Does it mean it will not happen again. No, but I am sure he hopes not.
As noted before, the company dictated the need to do this. Not the driver. It is a fact of life. Your company is at least being fair to the driver. There is nothing the driver can do sometimes, but deal with it. Rules have to be broken and risks taken. It comes with the job.
I know your policy of writing on the log why it was done. I know of one driver that was called in and told to rewrite the log without the comment. -
Ok as long as we are both on the same page. I just like to make sure it's clear you may not always get a judge that isn't so understanding, however I would hope they do. Now get involved in an accident and it be a serious one, that's a different subject as you know them darn attorneys
Good luck and keep up the great logging. -
LogRus
I've seen a good many of your posts, and would like to thank you for your numerous contributions. However, as much as I can appreciate this advise.....
Admitadly, it's a little painfull for me to sit here and advocate lying, as I too was brought up with the notion that telling the truth is the proper way and best policy, but that was back before laws/regs/rules/feds/states were enacted to benefit everyone BUT the poor truck driver.
Remember, it has nothing to do with safety anymore. It's all about lining the public coffers and pleasing squeeeky wheels like Patt and Crash. Much like gun kontrol issues that serve to please typical uninformed suburban housewives, rather than having anything to do with public safety.
JMO. No offense logs. -
I don't know this... but I did hear this argument...
off on the gravel with your fourways and triangles is legal and you're not "parking" you are awaiting the legal ability to move your truck.
If not imposing an increased risk to the traffic you have 12 hours before getting towed.
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