HOS violation

^^Ray raised a good point.^^ Refuse to drive the truck off the shipper/receiver's lot and risk getting arrested for a trespassing charge OR illegally drive the truck to the nearest suitable parking area? Talk about being stuck between a rock and hard place. Did the people who thought up the Hours of service rules ever think about this?

 

You guys missed it. There was no company log violation because the companies planned things like this. That dispatcher/planner/company knew good and well that the load was not a drop and hook. The consignee wanted that load to get there that day and the late shift was screwing the pooch getting it moved. That is why they pay you CPM, so they can waste your time. And if a accident happened after the fact all parties would point to you first! Just so you know, watch out for the office weasels and make good decisions when you hear 600mi and drop and hook.

PC is the proper legal way to make this situation work if on elogs. If your company does not allow PC like lots of crap companies do; Inform them they are a crap company and you will not be treated like a truck bound prisoner.

 

Here is from trucking info dot com and you can also check out trucking truth again PC is allowed as long as the conditions are met....this info is the same a dot officer had explained it to me...........

Under normal circumstances, all time spent at the controls operating a commercial vehicle must be logged as driving time (on-duty time if the driver is using one of the exceptions that allows the use of time records).


However, what happens with a driver is using his or her commercial vehicle as a personal vehicle to commute to or from a personal destination?


The concept of “off-duty driving time” is not actually in the regulations; however, it is discussed in the interpretations to Part 395. Interpretations are guidances published by the Federal Motor Carrier Safety Administration (FMCSA) to provide a better understanding of the rules.


It can be done if you follow the rules
To be able to log personal conveyance time as off duty, there are several conditions that must be met. These conditions are the same whether a company driver is taking his/her company truck home or an owner-operator is taking his/her truck home (or to another personal destination).


First, you must be relieved of all responsibilities and conduct no on-duty activities. No work for the company is allowed during the personal conveyance. For example, you cannot bring the truck in for maintenance and call the trip personal conveyance.


Second, the trip and destination must be purely personal in nature. Moving to pick up your next load, bringing the truck into the terminal from your last destination, and running to the parts store for parts cannot be considered personal conveyance. You must be commuting to a personal destination, such as home, a restaurant, or a motel, and back.


Third, the vehicle must not be “laden.” In other words, you cannot be carrying any freight during the personal conveyance. If you drive a tractor trailer, this means not even pulling a trailer.


Fourth, you must not be “repositioning” the equipment. If you go from your company’s terminal to home, and then are dispatched to go get a trailer somewhere else, you have repositioned and cannot call the trip personal conveyance.


Fifth, you cannot be using the vehicle as a personal conveyance if you have been placed out of service for an hours-of-service violation.


Finally, the personal conveyance distance needs to be “reasonable.” You are not allowed to travel several hundred miles and call it personal conveyance. One definition of reasonable is, “Could the driver get 8 hours of sleep after arriving at the personal destination if the driver only took 10 hours off?” If the answer is no, then the distance may not be considered reasonable.

thanks again to trucking info.

 

good luck on that at the time you left you are not dispatched so used PC to go home they dispatch you and your getting a load somewhere else ummm how you going to log that pc you used to be driving on e logs??

And the reasonable so 120-140 good to go depending on state and route got ya!

 

i guess people keep missing the last part if you start at point A to goto point B then one must return back to point A. Seems pretty clear to me..

 

You won't get any argument from me that being out of legal driving time through no fault of your own(in this case held at shipper and then forced to leave) is, as you put it, "stupid." I couldn't agree more. However, that doesn't change the fact that there is not some automatic provision in the regulations called "PC" that allows you to LEGALLY move the truck from the receiver to another location. That makes it more "stupid", but people need to know what the laws allows, and make their own choices based on that, not on inaccurate interpretations.

 

this is not what our local LEO says

he says its ONLY for short distances or else he will shut you down

 

What makes everything so much worse is one LEO goes one way the next a different point being its not just us drivers that cant keep up with the changes or have interpretations that differ but those that enforce them have no clue either.
Me I will do what I think is best and hope it dont come back to bite me later.

Off topic but one example is Indiana has a machine they set up every now and then that will test the break preasure (force it takes to make wheels move with breaks applied) how the hell is a driver to test this all we can check it the shoes and drums are good slacks are working properly. Most dealerships and big shops can't even test that.

 

That is why he said the only legal alternative if the shipper/receiver wants you off their property and you're out of hours is to call a tow truck and put your a ss in a cab to a hotel.