what happens when out of hours at receiver?

Discussion in 'Questions From New Drivers' started by zoekatya, Jul 23, 2014.

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  1. already gone

    already gone Road Train Member

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    werner will make you confrontational...ive moved on to teamster employment, where i have a company that expects full compliance.....ive been in your spot, with a company with a laidback attitde and loose leaf logs. it still doesnt pay as much, so i keep my t's crossed and my i's dotted....its easier that way...
     
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  3. GenericUserName

    GenericUserName Road Train Member

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    Ohhh explains everything. My cousin drives for UPS and he has your attitude as well. Okay i take back everything I said you can simply AFFORD to be this way.

    I would if I could lol.
     
  4. already gone

    already gone Road Train Member

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    well, thats what im sayin man! keep your nose clean! dont let some .35 cpm company tell you that you NEED to break the law!! put a couple years in and put in with ups freight, or one of the car haulers, and make some money worth getting out of bed for!
     
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  5. DsquareD

    DsquareD Road Train Member

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    Back to the original premise.

    If I call ahead and also inform the company about my HOS and they tell me to proceed to consignee and let them worry about getting me out of there legally, then I would go. If the company decides that the load is worth towing me out, then that's their call. I'm just not going to put myself in that position and then demand a tow at company expense if a little planning could have prevented it.

    Sometimes they'll reschedule. Communication is the key.
     
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  6. already gone

    already gone Road Train Member

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    good luck getting ahold of dispatch at werner, i got #####ed at by my 2nd dispatcher that that was why they use qualcomms, so i wouldnt have to talk to him.....but yep, communication will solve a lot of these problems.
     
  7. Ebola Guy

    Ebola Guy Heavy Load Member

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    What a weird coincidence. Last night as I was getting emptied out I was given my next load, I saw that I had enough hours to get to the shipper but not enough hours to leave the shipper and find a place to shut down and this shipper doesn't allow sleeping on their lot. So I did this: I told my dispatch, I'll get the load in the morning and get this: they said "ok". Weird.

    It's all about trip planning.

    Yeah, yeah, I know, I know, there are extenuating situations about very slow loading and unloading that happens. You notify your dispatch and or safety dept about the situation and you go to the neaest legal, safe place to park as soon as you are able. I did that when I exceeded my HOS when I was broke down on the side of the road. The two hour extention wouldn't have helped. After I was fixed and rolling, it took me about 40 minutes to get to a place that was legal and safe and I never heard about it since.

    Yes there is the risk about getting into an accident or pulled over, that's the risk. So drive in a manner, even more so than usual, that wouldn't put youself in a spot where you would get pulled over.
     
    Last edited: Jul 26, 2014
  8. HotH2o

    HotH2o Road Train Member

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    Umm, where are you getting your information?
     
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  9. teddy_bear6506

    teddy_bear6506 I'm Vintage

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    Calling the police for an escort to the nearest safe haven/TS/parking spot works. I'm still of the opinion that shipper/receiver need to be held responsible for excessive delays.

    In our office, when a driver tells us they can't make the delivery due to HOS, we either reschedule the appointment, try to swap with a driver that does have the hours, or tell them to do the best they can within legal HOS and safely. When their time runs out, they stop, give us an ETA and we update the customer.

    I always hear about how the dispatcher "forced" a driver to drive illegally, but I've yet to figure out how that can be. The dispatcher is not driving the truck, you are. When it's time to shut down, you do so. I've heard "stories" of how drivers got fired for following safety rules/HOS, but I've not actually met any of them. You are the captain of your ship.
     
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  10. GenericUserName

    GenericUserName Road Train Member

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    I got forced to drive without taking my 10 three days ago.
     
  11. jbee

    jbee Medium Load Member

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    Pretty much cast that one in concrete as an absolute. To continue on:

    Seems?

    What part of the FMCSA regulation is vague or not understandable? Your statement would have one believing that they (FMCSA) either don't exist or have no authority. It's quite clear. You're either under dispatch or you aren't. You're either a laden vehicle or your not. If you are under dispatch or under a load, in either situation, then the PC CMV under part 395 is null and void.

    Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?
    Guidance:
    a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

    Well with your last statement, it seems you're cherry picking what authority they (FMCSA) have and don't.

    If you're going to dispense advice as absolutes, do your fellow drivers a favor and know the rules.
     
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