His question

Discussion in 'Canadian Truckers Forum' started by 20joey05, Sep 9, 2017.

  1. 20joey05

    20joey05 Bobtail Member

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    Sep 9, 2017
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    hello yeasterday I maxed out at 13 hrs driving and was 30 min from home base I decided to make my way home though there was a spot to stop 20 min out of town

    Is this allowed ?
    I had
    9.5 hrs off duty
    0sleeper
    13.5 hrs on duty driving
    And 1 hr on duty not driving

    I was held up a lot on rout due to road construction and farm equipment
     
    Last edited: Sep 9, 2017
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  3. not4hire

    not4hire Road Train Member

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    May 16, 2012
    Calgary
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    Is it allowed? No.

    Why only 9.5 hours off duty?

    If correct as posted (and in the absence of any additional information) I see at least three violations:
    1. 13.5 hours driving (30 minutes over)
    2. 14.5 hours on-duty (30 minutes over)
    3. 9.5 hours off-duty (30 minutes under)
    4. Did you also bust your 16-hour clock?
    So, in other words, you're in a heap 'o ####.

    It may work for you to use the "deferral" to get home sooner, but you still have to have at least 8 consecutive hours off, and you cannot bust your 13/14/16.

    The reasons you listed are not good enough to qualify for the "adverse conditions" exemption.
     
    Last edited: Sep 9, 2017
    tinytim, upnorthwpg and orcen Thank this.
  4. orcen

    orcen Heavy Load Member

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    Brisbane, QLD Australia
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    You should have manipulated your log throughout the day, I doubt you drove 1300 kilometers, right?
     
    Last edited: Sep 9, 2017
  5. Macneil

    Macneil Heavy Load Member

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    Dec 15, 2010
    Sudbury, ON., Canada
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    Enjoy the log manipulation while you can lol. That's why I got out of it!
     
    orcen Thanks this.
  6. mikemotorbike

    mikemotorbike Bobtail Member

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    Oct 3, 2017
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    YES!

    IF...

    1)you were driving north of the 60th Parallel (Yukon, Nunavut or NWT)

    OR

    2) "Personal use exemption"
    "Driving a commercial vehicle for personal use is not considered to be on-duty
    time if:
    • the vehicle’s unloaded
    • the vehicle’s not towing a trailer
    • the vehicle’s driven a maximum of 75 km a day for personal use
    • the odometer readings are recorded, and
    • you’re not subject to an out-of-service declaration..."

    AND

    -You unhitched the trailer at another, unmentioned spot 10 mins before the mentioned spot 20 mins out of town and drove the tractor home. jus sayin'

    BUT

    You mention 9 1/2 hr off duty. I am assuming it preceeds your shift, as you wrote it first in the list. It is only legal if it was day 2 of deferred 1.5hrs.

    SO

    I suspect his is a clever hypothetical case. It covers a lot of regulations. What did I miss? (I am studying for the written exam.)
    I don't see how the work shift (16hrs) is involved in this case. I have not encountered a mention of the 'adverse conditions exemption' in 'The Commercial Drivers Guide.' There is a mention of "Waiting along the route because of a crash or other unanticipated event" as 'on-duty'.
     
  7. not4hire

    not4hire Road Train Member

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    May 16, 2012
    Calgary
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    1 Interpretation
    The following definitions apply in these Regulations.

    adverse driving conditions means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them. (mauvaises conditions de circulation)

    76 Emergencies and Adverse Driving Conditions

    (1) The requirements of these Regulations in respect of driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load.

    (2) A driver who encounters adverse driving conditions while operating the vehicle during a trip south of latitude 60°N may extend the permitted 13 hours of driving time specified in sections 12 and 13 and reduce the 2 hours of daily off-duty time required by subsection 14(3) by the amount of time needed to complete the trip if

    (a) the driving, on-duty and elapsed time in the elected cycle is not extended more than 2 hours;
    (b) the driver still takes the required 8 consecutive hours of off-duty time; and
    (c) the trip could have been completed under normal driving conditions without the reduction.​

    (3) A driver who encounters adverse driving conditions while operating the vehicle during a trip north of latitude 60°N may extend the permitted 15 hours of driving time specified in section 38 by the amount of time needed to complete the trip if

    (a) the extension of the driving time is no more than 2 hours;
    (b) the driver still takes the required 8 consecutive hours of off-duty time; and
    (c) the trip could have been completed under normal driving conditions without the extension.​

    (4) A driver who extends their driving, on-duty or elapsed time because of an emergency or adverse driving conditions shall record the reason for doing so in the “Remarks” section of the daily log.

    Commercial Vehicle Drivers Hours of Service Regulations
     
  8. steve092

    steve092 Light Load Member

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    Dec 7, 2015
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    Man if you know there is no weigh station nearby just move on with your day.

    I think it's safe to say that 70% of drivers manipulate the log sheets on daily basis.
     
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