HOS driving violation

If your company has On-Duty/Yard Move or OD/YM as a driver status option or duty status. My system only had this option late last year when the AOBRD? was replaced with ELD-only option for recording driver status. That OD/YM is what you should have selected once you got onto customer property and before you started driving to the door. Some companies may not have that. In my truck I think it only puts you on the Drive line once I go over 25 MPH.

The fact you went slightly over the HOS limits is a violation, but will not likely trigger any sort of official fine. Some shady companies may fine the driver for that. At my company, and I think it is Federal regulation, when/if we exceed the HOS limits we are required to enter a comment and explain why we went over.

In the next few days if you were you get an inspection from law enforcement and they found that incident in your ELD they may be able to cite/fine you, I don't know.

You don't want to violate the HOS, but a small one as you described isn't a serious problem I would lose 1 minute of sleep over unless you decide to create a pattern of these types of violations. If the cops find a pattern of violations you can/will be in trouble.

Edit your ELD to insert a comment explaining why you went over, not blaming the ELD for putting you on the Drive line because of speed, but citing the weather which made your trip longer.

To me this is no more serious than briefly exceeding the posted speed limit by 1-2 MPH when no cop is present. It's not worth fearing a large fine or "real" job penalty. MAYBE you get a note in your company file. MAYBE you have to sit through some office drone with no truck driving experience "coach" you on why following the HOS is very important. "Golly gee Office Drone, you sure taught me an important lesson I'll never forget. Thank you". /sarcasm

 

Yard Move can be used on customer property, but I read guidance from an expert or maybe it was FMCSA that Yard Move is only to be used when there is something like a gate or security checkpoint that restricts access to that property by the general public. As such, it's should not be used at truck stops, for example.

 

Don't use PC to get to the customer or to your terminal. That's a business move. PC is for food, parking, shower, etc. Personal

 

In the LTL world, at my company, we are allowed to use YARD MOVE in our company yards, or during a "power slide" which is when two drivers meet at a truck stop etc. and swap trailers before they turn back.

 

except the world isn’t that black and white. We’ve had a driver inspected after he got stuck behind a wreck in snow at the top of Cabbage, and violated just about every clock in the machine getting past the wreck and to a spot with some fresh coffee and a potty. The inspector looked at his note in the logs and said: yeah, that was a bad one, and that was the end of it.

There are such things as adverse conditions rules and just plain common sense that come into play.

 

True, but op wasn't talking about adverse conditions. He specifically stated it was a right to move the truck to find a safe haven. It's not a right as it's specifically illegal.

Would he get in trouble for it? Unlikely if it's short or adverse, but we have a poster that got a violation for 8 minutes over, which hurts his (he's an O/O, so while technically his company, it's the same thing) CSA score.

But I do agree it would be rare and very dependent on both the officer and the situation. I was just pointing out it's not actually a right so other posters that might believe him and then get in trouble later. I'd rather them take a minute and think that it might not be the best decision to go over hours.

 

I wouldnt worry about it at all, I used to run out to the west coast and back in 5 days, I'd run out of hours in Kentucky and keep truckin 6 or 8 hours in back to Atlanta, no one ever said anything to me and I never had a problem. If your choice is taking a reset in a Kentucky cornfield or going into violation, I'm rolling on.

 

I went over my hours once but I had been off duty for 2 hours waiting for my company to open so I could get lumper paid. At the end of my shift I went over like 20 minutes then 8 hours in the sleeper wiped it out. I know because I got inspected the next day and it didn't show up at all.