HOS Rules Since 2004

DoubleO7 · Aug 30, 2015

cdgoza said: ↑

Theres a guy up there around you DoubleO7 that lives off of 50 that pulls flatbed for Swift. Seen his truck parked there multiple times.
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Swift told me that they don't have a flatbed position available for me now. Specifically, where have you seen the Swift flatbed parked??

cdgoza · Aug 30, 2015

In between Olney and Flora on the north side of the road on 50. If you know where the old road sits parallel to 50 that has the old bridge still there with the road blocked off he parks right on the east side of that creek or river. Whatever you want to call it. Can't recall the specific name of it now.

DoubleO7 · Aug 30, 2015

cdgoza said: ↑

In between Olney and Flora on the north side of the road on 50. If you know where the old road sits parallel to 50 that has the old bridge still there with the road blocked off he parks right on the east side of that creek or river. Whatever you want to call it. Can't recall the specific name of it now.
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I know right where that is. When I drove for Maverick, I used to park on that section of incomplete 4 lane NW of the corner of new 50 and 45 where 45 goes north to Effingham. BTW, I may look into your company in the future at some point. The thing is that I really have the fever bad to go OTR, and REALLY get around the country.

cdgoza · Aug 30, 2015

No problem I understand. I was just throwing it out there as an option for you. Sometimes I get to urge to ask dispatch for a longer run out west or south. I've spent 95% of my time here in Indiana.

Elendil · Aug 30, 2015

brian991219 said: ↑

The adverse driving condition exception has been around since before 2004, the OP only asked about what has changed since 2004. BUT, it is almost impossible to lawfully use the adverse driving condition rule in today's world, since a big part of claiming it was the condition was unknown at the time of dispatch. We have very accurate weather forecasts and up to date traffic/construction notices, so it is hard to claim you were unable to know about the problem before encountering it. Further, the adverse driving condition exception is legally used so little it is almost not worth talking about since when you do it usually ends up with drivers trying to use it to justify going over hours while trying to find parking or trying to justify/prove the existence of a "safe haven" rule (which does not exist, but some companies will allow you to request safe haven and violate hos rules). Lastly, the adverse driving conditions exception does extend BOTH the 11 hour driving limit and 14 hour duty period by up to 2 hours, not just the 11 driving period because it exempts you from the limits found in Part 395.3(a) which includes both the 11 and 14 hour limits. Below is the guidance from the FMCSA site regarding adverse driving conditions:

As defined in Part 395.2 Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.

Question 5: How may a driver utilize the adverse driving conditions exception or the emergency conditions exception as found in §395.1(b), to preclude an hours of service violation?
Guidance: An absolute prerequisite for any such claim must be that the trip involved is one which could normally and reasonably have been completed without a violation and that the unforeseen event occurred after the driver began the trip.

Drivers who are dispatched after the motor carrier has been notified or should have known of adverse driving conditions are not eligible for the two hours additional driving time provided for under §395.1(b), adverse driving conditions. The term “in any emergency” shall not be construed as encompassing such situations as a driver’s desire to get home, shippers’ demands, market declines, shortage of drivers, or mechanical failures.

Question 28: Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 10 hours driving and found the rest area full, forcing the driver to continue past the ten hours driving looking for another safe parking area?

Guidance: No. The emergency conditions exception does not apply to the driver. It is general knowledge that rest areas have become increasingly crowded for commercial motor vehicle parking, thus, it is incumbent on drivers to look for a parking spot before the last few minutes of a 10 hour driving period. The driver should provide the reason for exceeding the 10 hours driving in the Remarks section of the record of duty status.

§ 395.1: Scope of rules in this part.

(a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (r) of this section.

(2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles.

(b) Driving conditions —(1) Adverse driving conditions. Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§ 395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§ 395.3(a) or 395.5(a) to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.

(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.
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Are drivers on our Toledo meet have used this exception numerous times. They have to go through Chicago out and back and get stopped by accidents many times. Also there is the often unpredicted lake effect snow squalls at the south end of Lake Michigan.

Bill51 · Aug 30, 2015

School said the 34 hour reset had to cover two periods of 1AM to 5AM.
Orientation said that went away.

brian991219 · Aug 30, 2015

Bill51 said: ↑

School said the 34 hour reset had to cover two periods of 1AM to 5AM.
Orientation said that went away.
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Correct, it did but that is currently suspended. The two 1A-5A periods are still in the rule but the FMCSA/DOT are prohibited from enforcing it until a new study of the effectiveness is completed, so for now you can use and 34 hour consecutive period one per 168 hours (7 days) to reset your 60/70 clock.

Bill51 · Aug 30, 2015

brian991219 said: ↑

Correct, it did but that is currently suspended. The two 1A-5A periods are still in the rule but the FMCSA/DOT are prohibited from enforcing it until a new study of the effectiveness is completed, so for now you can use and 34 hour consecutive period one per 168 hours (7 days) to reset your 60/70 clock.
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Thx

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