ran over my 11 because of an accident

The problem here is the definition of a "Emergency"..
They do not define specifically what may qualify as a emergency..
So this is one of the great grey areas of the HOR
just cause you may think sitting in a backup do to a wreck (not involving you) is a emergency does not mean a DOT officer will.. One may say its okay but then another may say no.. Its all up to them..
Same goes with your log department.. and let me tell you the log department will probaly just say it was a violation.. They are more likly to violate you just cause it is in the grey area and could go both ways..

Just as you are supposed to be able to drive past your 11 in order to find a safe place to park (lets say the truckstop was full, no parking) they will violate you and claim poor pre-trip planning.

 

You are fine as long as you didn't DRIVE passed the 14th hour. However what is someone to do in this situation? DO it as you did, log it like it happened and make a note like you did.

The log department & If inspected would hopefully understand the situation but the regs say you can't drive passed the 14th hour regardless. I find this a pain in my you know what

 

I don't see it as a big deal. It can happen once in a while, and just because someone has the occasional log book violation, the inspectors are not going to come running in, throw full restraints on you, padlock the company doors, and haul off all the trucks for auction. The system is designed so that the occasional violation or booboo is not going to end the entire world. If the company tends to bust your chops over this minor of an issue, then it is time to consider providing your services to someone else anyhow. If that happens, they aren't worthy of your services.

I wouldn't panic over it.

 

FMCSR §395.1 (b) Adverse driving conditions. (1) says you'd have not more than 2 hours to complete your run.

§ 395.2 Definitions
Adverse driving conditions- means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, OR unusal road conditions, none of which were apperent on the basis of information known to the person dispatching the run at the time it was begun.

So it's left up to the interpretation of unusal road conditions. I would log it and in the remarks state the highway was closed and traffic re-routed then write the reference §395.2 at the end of your note.

I believe every driver should have the FMCSR pocketbook with him or her and read it when you can. Use the regulation number next to any remarks that might come into question. I don't think you'd ever have a problem doing it that way.

You've always got to remember that if something bad happens that log will be reviewed by all the lawyers that get involved. The log is a legal document and it's CYA all the time.

 

No you should log it as it happened! The worst thing to do is falsify your logs and NOT tell the truth!

DOT/COPS feel "tell me the truth and the punishment may be lesser of the 2 evils even if you are in the wrong." So always tell the truth on them log books.

The problem really lies if you are in an accident and it became a lawsuit then someone could push the issue to the wording of the book as Gashauler said it perfectly as I would "well he put it better than I would have " A log book fine is something else you might face with some hardball officer that challenges the "traffic" issue, however if it's true he probably will let you Go without a fine

RECAP: If it happens log it as you do it! Don't run or log illegal and you probably won't have anything to worry about usually.

 

Because if you are stuck in traffic that is line 3 time , unfortunately If you are behind the wheel it must be logged as line 3 time