Went into sleeper berth split violation by accident.

That's an easy appeal. The company must have had bad attorneys. That doesn't even make sense. He had no HOS violation with time on the clock. That would be like 2 minutes left in a football game and the Referee tells the driving team sorry game is over.

 

If you’re using PC then there wasn’t a 14 hour violation because you were already off duty once you started driving toward where you were going to park.

 

FMCSA makes it clear. You don't even have to be out of hours to use PC when searching for parking. Some people just love to live in fear.

Personal Conveyance | FMCSA

 

You'd think so, I'd think so, but the argument is that he wouldn't have had time so he shouldn't have gone in the first place.

 

You MIGHT get a notice or warning from your company safety dept scolding you not to violate the HOS. The company has to generate some sort of driver warning so the company can prove to the DOT that they do no tolerate violations of the HOS. It is not something to lose sleep over, unless you have numerous other problems. Even the strictest companies only fire drivers for their second HOS violation. Don't treat it like spilled salt and don't accept numerous violations as routine and normal. In most cases it is much less serious than a parking ticket, but the company cannot say officially "don't worry about it". They have to pretend this is very serious so you will not make this a habit. A pattern of HOS violations is serious and must be avoided.

 

STOP USING THE WORDS "SAFE HAVEN"

You are not on a HAZMAT load.

Nothing will happen to you, they will tell you not to do it any more and plan your trip out better.

 

Their lawyer must have not showed up for the trial ?

 

This or it was a smaller jurisdiction where they always find you guilty no matter what and if your not ready to appeal you will loose everytime.
Small jurisdictions are just wanting the money and don't give a hooot about whats right or wrong.

 

Again, I don't agree with the logic.

Argument was "driver would not have had time to get to safe/legal, thus should not have attempted to pick up the load". DA was using it as part of his "reckless endangerment" and "grievous bodily harm" charge. Judge let it stay in. Without the 14 hour rule violation, the DA didn't have a case, with it he has a slam dunk and pleading out becomes the safest course of action.

Phil was not guilty of anything except some poor choices and inefficient shifting. At worst it should have been a no fault accident, but the DA decided to throw the book at him and the judge allowed it. Once the judge did that, the company settled fast and hard with the other party on the civil suit and Phil's best choice financially was to take a plea deal. From an ethical perspective he should have fought it to the bitter end, but what would you do when facing 10 years in jail?

 

From what I remember when you use PC the only notes you should be applying are:
Personal Residence (you can travel to your personal residents on PC but you may or may not be able to PC to your next destination, see below)
Terminal to Residence or Residence to Terminal (can travel from your company's yard to your home and back to your company's yard loaded or not)
Trailer Drop Lot to Residence or Residence to Trailer Drop Lot(drop trailer ANY yard you can drop/hook a trailer (Loaded or not) or bobtail, leave yard travel to your residence and return)
Restaurant or Entertainment (acceptable while on 34 hour reset. I suggest getting a receipt write PC on it.)
Nearby Reasonable Safe Location (From a shipper or receiver you can travel to the closest safe parking spot Must be the first available no cherry picking If it is full take a picture and go to the next one)
Safety Official (ANYBODY that asks you to move due to being in a unsafe spot. Does not have to be police)
There are no Distance or Time limits to PC
Limit: You can not be ILL or fatigue. HoS does not dictate your level of fatigue. Only proof is if you admit your tired.
I highly suggest saving ANY proof of your PC moves for at least 30 days receipts pictures or videos (audit limit not DOT 7 day limit).