Question about HOS violation

According to the writer in the article below, she could bob tail a reasonable distance. But if she is hooked to a company trailer, she would be in violation. FMCSA part .395.

Here is a writers interpretation:
http://www.truckinginfo.com/article...driving-time-be-considered-off-duty-time.aspx


His use of the term laden in the article seems a bit loose to me. The actual word laden means............... burdened, weighed down, encumbered, overloaded, piled high,

A empty trailer is not ladened, and yet........... it is the second component of a combination vehicle?

 

The real answer is it depends. By law she has the right to personal conveyance. To use this exception you must be empty or bobtail and not heading towards the next load assignment. The next question is does the company allow it. My company allows a maximum of 30 minutes per day "OD" off duty driving. We even have a button for it on the Elog. Owner operators have no such restriction. They could drive coast to coast to go home off duty if they had to.

the article posted above is not entirely correct. The definition of Laden is being loaded. If the trailer is empty you are fine as long as the other requirements are met. Also the article states something about a reasonable distance. Is it reasonable to drive 300 miles home? If you are 300 miles away from home then yes! again depends if your company allows it if you are a company driver.

from FMCSA WEBSITE see question 26
http://www.fmcsa.dot.gov/regulations/title49/part/395.8?guidance

 

You posted before I could finish my edit. I agree with your interpretation. I used to operate that way for years. Unload at a receiver and head home in off duty status. I'm glad that I was never stopped.

 

Come on dude. Driving 9 years and you don't know about Personal Conveyance?? Why post bad information?

 

The only correct answer.

 

So you must be one of those trolls. 4 word answer that brings nothing to the table over 9,000 posts and a no Kool-Aid Avatar to boot. LOL

 

If she violates her HOS she will be killed, her body sold to science and after they are done, to the cannibals. I don't make these rules. This is why I never ever violate my hours of service. I've seen things.........





theres a 7/11 in Clackamas you can get a few trucks into. She may be able to head there and not violate Her HOS, if not, hey, go to the nearest truckstop. Things happen. Besides, before e-logs, we did that anyway.

 

OH crap,

OK let's see, the company is "forcing her to deliver" knowing she will be out of hours when she is unloaded - meaning 14 hours.

SHE can not drive off duty because she isn't off duty technically unless there is no load planned for her, off duty is relieved of work, not just unloaded - this comes from DOT ENFORCEMENT.

So she is in command of the vehicle, call dispatch - tell them that if you delivers that violated the FMCSA HOS and go park the truck for ten hours. T

HEN if they give you any stink, tell them you will be calling safety and explaining to them the situation and let them decide what is the proper course of action.

BUT if safety says drive the truck, tell them that you are in command of the truck and there isn't a thing they can do to you because you will be violating the HOS and hence under the STAA they have to live with it.

This link will explain the law >>>>>> http://www.whistleblowers.gov/acts/staa.html

 

You can't use off duty drive time. One your repositioning the truck. Two your not doing it for personal reasons. Three your out of hours. You can't do this to extend your hours.
Dear dispatch.
I am or do not have enough hours to safety deliver the load due to lack of hours please reschedule the load or have someone swap loads."
Driver Z
Hit send.
Park.
What happens after that will let you know what kind of company you work for and if you want to stay with them.

 

Only Bob Tail for off duty drive time. Once you hook a trailer up to it your bob tail is laden.