Yard moves on Elogs

I dont know...I Actually hit 11 hours of Drive at my last stop one day in Sandpoint Idaho. Kept it under 25mph on yard move 2 miles to hotel. Hazards on acting like I was breaking down. Made it... no violations Ever brought up?

 

Here's a tidbit of information for everyone. Yard Move isn't actually a legal way to move the truck for any reason.
While Yard Move was added to the ELD law, the Driving definition does not actually allow it. There is also guidance currently that disallows it also. There is no definition for Yard Move anywhere.

What that means is if the LEO says it's not valid, then it's not valid. I would fight it though as the intent is obvious. Thing is, the judge may or may not agree.

§395.2 Definitions.
Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

Question 9: A driver drives on streets and highways during the week and jockeys Commercial Motor Vehicles in the yard (private property) on weekends. How is the yard time to be recorded?
Guidance: On-duty (driving).

Question 26: Is time spent operating controls in a CMV to perform an auxiliary, non-driving function (e.g., lifting a loaded container, compacting waste, etc.) considered driving time? Does the location of the controls have a bearing on the answer?
Guidance: The location of the controls does have a bearing on the answer. Section 395.2 defines “driving time” as all time spent at the driving controls of a Commercial Motor Vehicle CMV in operation. If a driver, seated at the driving controls of the vehicle, is able to simultaneously perform the driving and auxiliary function (for example, one hand on the steering wheel and one hand on a control mechanism), the time spent performing the auxiliary function must be recorded as “driving time.” If a driver, seated at the driving controls of the vehicle, is unable to simultaneously perform the driving and auxiliary function, the time spent performing the auxiliary function may be recorded as “on-duty not driving time.”

 

That article is completely wrong starting with point one. Here is the quote "“Driving” time or “Line 3” time is considered time behind the wheel of a commercial motor vehicle that operates on a “highway” per §390.5."

395.2 puts no such limits of having to be on the highway. Everything from that point on is simply wrong as the assumption is wrong. Heck, I just posted guidance that Driving is required when using the PTO, if the controls are in the cab... Don't even need to be moving, just at the controls of a CMV.

 

New proposals for "Yard Moves"

FMCSA proposes new guidance on yard moves - Land Line

 

About time they closed that loophole, although I guess since it's just guidance one could still get in trouble if one ticked off an leo enough. They need to change the regs to allow yard moves, not simply ignore the regs...

 

"A public road, but only if and while public access to the road is restricted through traffic control measures such as lights, gates, flaggers or other means. For example, if a driver must operate on a public road briefly to reach different parts of a private property, the movement may be considered a yard move if public access is restricted during the move"
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That's not confusing at all.

"FMCSA notes that the guidance – if finalized – lacks the force and effect of law and is not meant to bind the public in any way. The guidance is meant only to provide clarity to the public regarding FMCSA’s interpretation of its existing regulations"​

In other words, "we want to change the rules, without changing the rules, so carriers can keep the supply chain functioning while leaving the driver hanging in the wind if something goes wrong".

Why in the F*$*$&#* H(#*@(@&$^#*#@* don't the ^#*@(@&!(($#^$^@*!@( *@&)@*#*&@^#^$*) just change the #%@^@*$(@&!@^!* rules?

 

This is the best advice I’ve been given from others: **LEO’s love descriptive annotations.**

Bottom line - Any given LEO can translate these rules On any given day as differently as any religious group can translate the Bible. But make notes on anything and everything in your logs that could use clarification translated into your favor. Cops love that.