Question about HOS violation

Hey PJ...why do they argue with us?

 

apparently elogs is being used by the friend of the OP.whew. look at the can of worms opened by being bound to such restrictions. personally,and i am not on elogs or qualcom or anything yet i still drive legally, i would drive the 20-30 miles to the truck stop.why camp out in some crime ridden spot and worry about your personal safety? why cut yourself off from food/showers/safety and park it when so close to a safe spot to get the 10 hours?

job scared is one thing,personal safety is another.

 

E-logs, or paper logs, the rules applies to both systems. It is up to the driver to know these rules. Every driver under a E-log system should be asking this question from their safety department instead of listening to all the BS at some truck stop coffee counter. What is company policy compared with the FMCSA? Drivers are running into this situation more often under the 14 hour rule.

Like x#1 said........... do you want to sit in some crime ridden area, or head over to a truck stop for a nice warm shower?

 

If you have absolutely no choice, pull someplace safe down the block and shut down. If the police come, all you can do is tell them what happened. I got bounced by next shift security after the previous shift said it was okay to stay there. I idled over to an office park next door and parked on the side of the street. No one said anything to me about being there.

 

Yes it does. You are a truck driver and so you are misinterpreting the text. A terminal is understood to mean where freight originates or ends. You can look up the definition of a Terminal in the FMCSR or I can post it for you.

"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."

The issue is the interpretation of "normal work reporting location". This is vague. It is normal for me to finish my week at one of 5 terminals. But, since my company policy only allows 30 minutes PC per day I never push this boundary.

There also is no interpretation requiring "there and back". You can off duty drive 30 minutes to find safe haven and finish your 9.5 hour break somewhere else.

Also, no where does it state you need to be unladen AND bobtail. It says unladen and not under the direction of your employer and not repositioning the equipment. That last part is understood to mean headed to where that trailer needs to be next as opposed to the simple definition of just moving it.

 

So needing a shower food or sleep is not personal? So it is better to give bad/ wrong advise because SOME companies don't allow Personal Conveyance? It absolutely means driving to a legal safe haven after delivering driver.

 

Giving bad advice on a public internet forum is just as valuable as giving good advice, and what you pay for it is just as valuable...NOTHING ...plus it is awesome to post "way out of left field advice" and get spanked...

 

Thanks, I thought you had to drop the trailer......learned something today. Only question is how would they know where you're loading next, I could tell them anything? Often don't know myself for an hour or so.

 

I guess they just want to be clear you can't say you are off duty driving to get to a safe haven and then claim your next shipper is the safe haven.

 

Just want to point out that the term "safe haven" has a very narrow definition by the FMCSA and ONLY applies to the transport of HAZMAT and parking with said cargo, safe haven as often referred to by drivers as a safe place to park for sleep, food, 10 hour beak, 34 hour reset, etc. is NOT defined as a "safe haven" by FMCSA.

After being one of the early ones to state to the OP that the driver would be over HOS and in violation, I now agree that she might of been able to use PC depending on company policy. Apparently it seems 30 minutes PC might be a typical company allowance, in this case, it would be close in getting to ANY truck stop in the greater Portland area from the warehouse district there in Clackamas in that time frame and there really isn't much in the way of street parking, shopping centers, etc. to go to close by.

I think the best course of action is exactly what happened, a rescheduled delivery and in this case a repower for the delivery to get it there earlier than after her 10 hour break.

TS