Blew Over My 14 Hours Pretty Bad. Now What?

16 hour rule exemption is only for Short haul drivers. OTR drivers do not and never had any 16 hour rule. We did prior to 1-1-2004 have a 15 hour rule, BOY DO WE ALL MISS THAT ONE?

 

Me Bad You right

Section 395.1(0) is still in effect

you can read the section here http://www.fmcsa.dot.gov/rules-regu...p?rule_toc=764&section=395.1&section_toc=1938

it is at the bottom of the page, read 395.1(0)(1)
The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked

Sorry for the mistake Hope this helps

 

August 2005 is when they finaled the rules and it was to go into affect on 10-1-05. They had to give companies/drivers time to plan the change.

The rule is in affect, although it is only for local drivers/short haul. You have
to report to and back to the same place of business. Something like that. An OTR driver can't use it.

 

I would check into this MEdicine man and I could be wrong really, I don't practice using the 16 hour, but read this and see what you think. I could be reading this wrong.
E-3. May a driver having more than one work reporting location use the § 395.1(o), 16-hour exception?
As stated in § 395.1(o) and current § 395.1 Interpretation Question 15, a driver having more than one work reporting location could use the § 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of

§ 395.1(o)(1) that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..." A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless he worked six days per week, and then the exception could only be used on the sixth day.


Now there is the Adverse weather is 2 hours over the 11. You must have been able to deliver the load without the delay and there is other rules. But whichever comes first safe place to park or the delivery. That is the tricky part.

Now you might get by with logging one of the above (I would go with an accident/delay of some kind) and log it as you did it and make the note. Try the note about 16 hour delay and play dumb, but you sound like you might give yourself away with the guilty consious my opinon anyhow

 

But the driver in discussion of this thread does not report to normal work reporting location and be relased at that location for the previous five duty tours the driver has worked(days). I don't think so anyhow, or he wouldn't want to be running illegal to get home. Read the post above I sent.

 

Sorry, I was just trying to help. I will gracefully bow out of Log discussions in the future and defer to Logs R us

 

Just log what you did and notate that it was for safety reasons due to incoming adverse weather and the need to find a safe haven.

At the 2 companies I worked at doing OTR . In 800,000 miles of driving, I was called in 1 time on my logs and that was becuase I forgot to put the number of days off in the off duty box on the log page when I was at home.

They did not care how you logged in practice as long as they recieved a correct log book to send thru the machine. Now if you got in a wreck and your logs were phony, then they would say how dare you and feed you to the sharks.