It is indeed. I have never heard of a credible incident where a driver was put over hours by a delay caused by being stuck behind an accident and then cited for driving afterward. This is assuming you are looking for a place to park for your break immediately of course.
log violation - accident/traffic
Discussion in 'Questions From New Drivers' started by eprobe, Jan 5, 2014.
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It's 395.2, to which I left the link intact in my original response:
"Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun."
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2 -
I noted in the log that I was waiting for a wreck to be cleared.
Rhino: Good advice. Logging out has gotten me out of trouble before but I'm tired of relying on it. My thinking this time was I was going to do the honest thing and f--- it all.
Of course, that attitude has gotten me into trouble in the past.
gpsman: I think this is the part I need:
§ 395.1 (a) General. (1) The rules in this part apply to all motor carriers and drivers...
(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.
Thanks everyone for your input. Drivers always come through.gpsman Thanks this. -
That emergency conditions only allows for the addition of 2 hours, not 2.5. You should have been able to find a place to park. That is all it allows. It is usually used toward the end of the day.
You evidently drive the same thing out and back each day. Therefore, you are eligible for the once a week 16 hour day. -
Don't log out of the e-log, when the truck moves it will get flagged immediately. Far better to have simply noted you were waiting in a traffic jam caused by an accident, then move the truck to a safe location when traffic starts moving again.
Meltom Thanks this. -
Just remembered this. I had a steer tire blow out on me on the PA turnpike 2 years ago. I was on the elog. It was over by Donegal where there is no parking around. I was told by the trooper to go and don't mess with the log, let it go into violation and make a notation. 9 times out of ten with the notation and proper proof, you'll be ok. They won't hit you for it. The trooper acknowledged I was out of hours and told to be get to the nearest service plaza, which I promptly did after I was repaired.
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