While true, do you really want to argue that with the LEO that is putting you out of service? People here have posted they got a ticket in the winter because they got stuck in a snowstorm, so take that with as many grains of salt as you will,
Adverse Conditions Pause.
Discussion in 'Trucking Industry Regulations' started by murat, May 16, 2020.
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The new HOS have extended to 2 hrs on adverse driving conditions to include the 14 hr on duty part too. Whenever the new regs go into effect.
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I would hope someone that has gotten ticket would post something here because i didnt find any evidence of someone getting a ticket on here. -
The regs read delays caused by weather/traffics conditions that could have been known to dispatch. If the company knew, or should have known you were headed into weather, you are not covered.
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.
Drivers who are dispatched after the motor carrier has been notified or should have known of adverse driving conditions are not eligible for the two hours additional driving time provided for under §395.1(b), adverse driving conditions. The term “in any emergency” shall not be construed as encompassing such situations as a driver’s desire to get home, shippers’ demands, market declines, shortage of drivers, or mechanical failures. -
peterd Thanks this.
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Thats needs to be changed because at a receiver doing live unloads outside with a fork lift will not unload the truck during lightning either.The delay from the weather is the same as if you were driving it still runs your 14 hour clock out.
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New regs go into effect Sept. 1.
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Might be some time before I get into stormy weather.
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