Can you cheat an eLog?

Discussion in 'Trucking Industry Regulations' started by Meltom, Jun 15, 2011.

  1. sidewinder429

    sidewinder429 Light Load Member

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    Just to weigh in here folks. Just throwing it out there.
    Take it or leave it.

    You need to be careful when using exemptions to the rule(s) period.
    Personal conveyance is not meant to be an exemption to the hours of service that is common sense.
    As far as interpretation of "laden" goes, try Webster's.
    Emergency Conditions exemption is also not there for that purpose. It's there to get out of harms way plain and simple.
    The hours are what they are and when involved in an accident driving beyond them you do increase your percentage of liability in the case. And you increase the ability of the D.A. to prove you may have been operating in a fatigued state.
    Why give them any more ammunition to use against you in a court of law!
    Just please think before you decide to drive when you probably should be parked.

    Taken from 395.1 Interpretations-
    Of course the 10 is now 11 but.....


    Question 28: Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 10 hours driving and found the rest area full, forcing the driver to continue past the ten hours driving looking for another safe parking area?
    Guidance: No. The emergency conditions exception does not apply to the driver. It is general knowledge that rest areas have become increasingly crowded for commercial motor vehicle parking, thus, it is incumbent on drivers to look for a parking spot before the last few minutes of a 10 hour driving period. The driver should provide the reason for exceeding the 10 hours driving in the Remarks section of the record of duty status.
     
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  3. THBatMan8

    THBatMan8 Road Train Member

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    That isn't what I was suggesting. If you have ever been in New England, or on a US-Route then you know that almost every truck stop will be full, and truck services are few and far between. You have no choice in these circumstances but to keep driving as it's illegal to park on the side of the road for non-emergency reasons in most states (running out of hours doesn't count as a emergency). Not only that, but many states on the east coast also make overnight parking at rest areas illegal.
    *cough*Virgina*cough*

    Lets look at reality folks. If you're a real trucker then you should know where I'm comming from.
     
    Last edited: Jun 24, 2011
  4. U2Exit

    U2Exit Road Train Member

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    Again, thats all poor planning...
     
  5. THBatMan8

    THBatMan8 Road Train Member

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    Let me guess, you're a fortune teller. Because:

    YOU SIMPLY WONT KNOW IF YOUR PLANNED SPOT WILL BE FULL WHEN YOU GET THERE

    Jesus Christ on a bicycle, how hard is it for you people to understand a simple concept. Do I have to make the text larger so that you can read it? I stated this about 5 freaking times already.

    Let me reiterate my point for the umpti-millionth time:

    I'm not talking about driving on a interstate with a truck stop every 30 miles. I'm talking about US-Routes that have no truck services and parts of the country where services are few and far between.

    Read the thread before you respond to a single post.
     
    Last edited: Jun 24, 2011
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  6. U2Exit

    U2Exit Road Train Member

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    I did and your argument is un-convincing...

    2.5 years on electronic logs driving in all 48 states including "US-routes" and I have always found a place to park... Even in your "Boogie Land" of New England... sometime it means stopping an hour or so early in the case of US routes... or a few truckstops early to look for a space.

    Poor planning...

    I plan everyday to get to a planned truckstop... doesnt mean I will make it... I dont plan on showing up to a small truck stop at 10pm... I know it will be full... However I may stop an hour early at an exit with 2 or 3 truckstops and always find a spot...
     
  7. THBatMan8

    THBatMan8 Road Train Member

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    It doesn't always work like that. Sometimes I spend all day on US-Routes, and the only truck stops available have parking for less than 15 trucks, and they are 4+ hours apart from eachother. You have no choice but to continue driving until you find something, so don't tell me that's poor planning.

    Again, this isn't about not knowing where to park. This is about your planned spots being full when you get there. Also, I've been driving CMV's for 9 years. City busses, day cabs, box trucks, OTR, etc.
     
    Last edited: Jun 24, 2011
  8. mustang970

    mustang970 Road Train Member

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    Sounds like poor planning to me.

    I understand the concept of not being to plan for a full truckstop, but timing is typically everything. You know your probably golden at 3pm, and you know at 3 am, your probably S.O.L.


    Extreme example.
    Your cruising down the road, terrible thought, but you are involved in a fatal accident, you survive.
    When you go to court for man slaughter, is your defense going to be, I couldn't find a place to park.
    The days of outlaw trucking are coming to a close, soon we are all going to be wired.
     
  9. U2Exit

    U2Exit Road Train Member

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    There is no exception in the rules for "adverse" parking conditions.
     
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  10. lostNfound

    lostNfound Road Train Member

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    :biggrin_2559:
     
  11. THBatMan8

    THBatMan8 Road Train Member

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    You might want to retract that statement:

    Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions (not being able to find a safe parking haven would fall under unusual road and traffic conditions), none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.

    Key words are bolded for you.
     
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