I do outside live loading and unloading with a lift gate. I arrived at a receiver to unload and was caught in the middle of a severe thunderstorm with lighting and all that stuff. I have to unload wheeled 8ft tall aluminum carts so I was not about to attempt that. I waited about 3 1/2 hours before I could start unloading.That of course did not stop my 14 hour clock so I could not legally finish my trip without an 8 or 10 hour break.
I was wondering if the adverse conditions would apply to on duty not driving delays also?
Adverse Conditions Pause.
Discussion in 'Trucking Industry Regulations' started by murat, May 16, 2020.
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Adverse driving extension only adds to DriveTime not on duty time.
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You have an extra Cb antenna lying around?
It's strange and probably stupid: But if you hold a CB antenna ( a piece of metal would probably work) right in the middle, with your arm stretched out in front of you holding the antenna in a horizontal position... And then twist your wrist to rotate it into a vertical position. When it starts hissing and popping from static discharge you know you are in a an undesirable place...If you don't hear it making noise you are good to go...
D.Tibbitt Thanks this. -
Pro tip- When waving the metal rod in front of you keep shouting Expelliarmus.
That way if lightning hits you it'll look really cool.HoneyBadger67, mp4694330, MACK E-6 and 6 others Thank this. -
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It works, you have to try it at least once!
#BucketListD.Tibbitt Thanks this. -
If you work for a mega then forget it, most wont allow you to use 'adverse conditions' to drive an additional 2 hours.
D.Tibbitt Thanks this. -
if you were anywhere's near the building, the building would have been the highest point of strike.
in fact, your trailer would have also been the high point before you got french fried.
if you were in the wide open, and no tall buildings or tree's near you?
then i'd say duck and cover. other wise, you were good to go about your job. -
To answer the question..
No, it's not a valid use of the adverse driving rule. For one, it only applies to drive time. For two, it has to be unforeseen. A thunderstorm was likely forecast so not unforeseen.
Question 4: Are there allowances made in the Federal Motor Carrier Safety Regulations (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.
Question 5: How may a driver utilize the adverse driving conditions exception or the emergency conditions exception as found in §395.1(b), to preclude an hours of service violation?
Guidance:
An absolute prerequisite for any such claim must be that the trip involved is one which could normally and reasonably have been completed without a violation and that the unforeseen event occurred after the driver began the trip.murat Thanks this. -
D.Tibbitt Thanks this.
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