Went over my 14 1.5 hours

Discussion in 'Questions From New Drivers' started by Calregon, Jul 14, 2014.

  1. Tonythetruckerdude

    Tonythetruckerdude Crusty Deer Slayer

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    Did they do away with the 1 16 hour day in 7....seems like he could have used that...
     
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  3. HotH2o

    HotH2o Road Train Member

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    That's still an option but you have to return to your home terminal 5 days in a row to use it.
     
  4. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Now I am not being ugly or rude here. Just asking a question. If he was sitting in stopped traffic, and his 14 hrs was up, then whats he supposed to do?
    1) Just pull the parking brake & sit in the interstate & get in the sleeper & go to sleep? I am pretty sure that's illegal also. If that caused an accident, an attorney would have a field day.
    2) Just pull out of the interstate on the shoulder & park? I am pretty sure that's illegal also. If that caused an accident, an attorney would have a field day.
    3) Just drive down to the next exit & park on the off/on ramp? I am pretty sure that's illegal also. If that caused an accident, an attorney would have a field day.
    4) Just drive down to the weigh station & block the driveway cause there is no other place to park? I am pretty sure that's illegal also. If that caused an accident, an attorney would have a field day.
    5) Just drive to the nearest safe haven & safely park for the night? I am pretty sure that (driving over 14) is illegal also. If that caused an accident, an attorney would have a field day.

    In this scenario, there is nothing this driver could do that was legal. ANYTHING he does in this situation would be illegal & would get him in trouble one way or the other... & possibly cause an accident & give an attorney a field day.

    Its a catch 22 situation.

    Again, honestly, I am not being rude, sarcastic or pointing fingers at any member here.
     
  5. turnanburn

    turnanburn Medium Load Member

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    We're an over regulated industry, and you don't need to go far to get examples. In this case, as you point out, there's no legal way out. Some will blame "poor planning," some will make it work out just fine on paper logs, some will get reprimanded for nonos on Elogs, and hopefully no one gets in an accident and is forced to pay with their career and anything else they have of value in the world.
     
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  6. HotH2o

    HotH2o Road Train Member

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    Let's be honest. What do we really know about this scenario? Not much. We know the OP went over his 14 by an hour and a half. We know that he was in traffic for 4 1/2 hours. That's about it. What we don't know is whether or not the OP was sitting at a dead stop for 4 1/2 hours. Was the OP crawling down the highway? What part of I-5 was the OP on? If he was creeping how many opportunities to get off the highway did the OP pass up? Myself, I don't think the OP did anything wrong. A little rebellion is good from time to time.
     
    Last edited: Jul 14, 2014
  7. rank

    rank Road Train Member

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    [QUOTE="Hang - Man";4131448]LOL Just a thought since this thread has me thinking, do any of you drivers dog ear, use post it 's or high lite mark any of these rules in the book for your advantage should you be called on the carpet for said violations.
    This rule would be a perfect example of a dog eared page with that sentence that Grumpy highlighted to be marked for quick reference.
    I know it's all in the interpretation of the rule and DOT has the upper hand but pointing something like this out to them if the need arises may get the driver some slack --(Maybe) -unless it pisses them off.
    If the drivers that have to live by these rules are confused by some of them -then i would bet the DOT is just as confused.[/QUOTE]
    I print the rule from the FMCSA website on 8.5" x 11" and put it in my log book in a transparent sleeve. I run a loose leaf 8.5" x 11' 3 ring binder. Other rules I have in there are:
    1. the definition of a cut strap per NYDOT
    2. the chain and strap wll's
    3. the much discussed and often misunderstood FMCSA minimum securement requirements
    4. the FMCSA short haul provision
    5. the Ontario 2 hr deferral rule

    ....and now I'm, going to print the safe haven rule too. :)
     
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  8. misterG

    misterG Road Train Member

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    Is it all 5 days?
    Or just the day that it is used, that you have to depart from and return to the same point of origin?

    I'm not debating, just asking. Becasue my employer uses this rule, almost daily. Never with the same driver on each day. But most of us have used this rule, regularly. Only three of the driver that work for us are OTR, the rest of us are local, home daily.
     
  9. HotH2o

    HotH2o Road Train Member

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    The 16-hour exemption may be used as long as the driver has not used it within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off duty period of 34 or more consecutive hours. The driver must return to the normal work reporting location and be released from duty at that location for the previous 5 duty tours the driver has worked, regardless of whether or not the 34-hour restart provision is being used.
     
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  10. misterG

    misterG Road Train Member

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    And the driver is still only allowed to drive 11hrs in those 16? Is that also correct? IIRC, that is what I read, last time I looked it up.
     
  11. HotH2o

    HotH2o Road Train Member

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    The way I understand it that is correct. The 16 hour short haul exemption only extends your 14. I'm sure if we tried we could find someone on here to disagree with me. Haha
     
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