ran over my 11 because of an accident

Discussion in 'Trucking Industry Regulations' started by capnhector, Mar 7, 2008.

  1. LuckyLady7

    LuckyLady7 <strong>Good Luck Charm</strong>

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    YES, YOU EXPLAINED IT EXCELLENT AND I HAD HEARD THIS BEFORE BUT I WANTED TO BE SURE...AND YOU ARE ON THE MONEY BOUT DOT...THEY SEEM KNOW AND DO THEIR JOB GOOD...TY:yes2557:
     
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  3. LogsRus

    LogsRus Log it Legal

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    I was kind of talking about answering the thread 2 times about being on the money of my response, l.o.l.

    Ok thanks and it stinks I know but unfortunately that's what the regs say and thats what we have to go by or should go by:biggrin_2554: :biggrin_25525:
     
  4. MACK E-6

    MACK E-6 Moderator Staff Member

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    Easy, killer. Nobody's mad at you. I'm just trying to point out the gray areas, which by the way I did manage to get you to admit existence of.
     
  5. wildbill1957

    wildbill1957 Bobtail Member

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    :yes2557:you will be ok as long as you note that you was held up due to wreck and apply the emc. rule
     
  6. Lone Gray Wolf

    Lone Gray Wolf Bobtail Member

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    You are OK. I have had to use this several times with previous companies. Safety doesn't usually like it but F um. Here is a great link to the basic HOS.

    http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.pdf

    This regulation is found in Section 395.1(b).

    If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods. Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty.

    Besides this myself and other drivers I know just log either on duty not driving or off duty. In this instance I drought a DOT Bear was any where around to be found checking plates.
     
    Baack Thanks this.
  7. Rat

    Rat Road Train Member

    LogsRus, if traffic is stopped and not moving and you are sitting in the drivers seat and the vehicle is not moving (brakes popped) then it is not in "Operation". You are not driving and it shoudl be logged as such.

    Now if traffic is just backed up to a crawl and the driver is actually driving then they have to log it as driving.
     
  8. RickG

    RickG Road Train Member

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    LogsRus knows a little more than you do about how to log .

    http://www.fmcsa.dot.gov/rules-regu...r/fmcsrruletext.asp?chunkKey=09016334800232ad

    Note the question asks about a delay on an IMPASSABLE highway which would mean traffic is at a standstill .
     
  9. Rat

    Rat Road Train Member

    The key word I am getting at is "operation" a vehicle at a standstill with the brakes locked is not in operation. If it was then everydriver sitting in the drivers seat of a running truck at a truck stop would be in violation.

    I have run into this situation many times. Sitting there on the road with the brakes popped while they clean up a wreck. Log on duty not driving, been checked many times and there were no questions asked.

    I am in or on my truck(not in the berth) but I am not driving.

    It is legal and it saves driving time.
     
  10. LogsRus

    LogsRus Log it Legal

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    Ok here is the simple way to look at it!

    If you are stuck in a traffic accident and

    1) they say you can shut your engine off it's going to be a few hours then you can go on-duty not driving or sleeper. Some cases the road was shut down for 16 hours.

    2) If you have to be ready to move that truck any time for any period of time it's driving.

    If your hands are on the wheel in the driving position it should be logged as driving.

    How do you get caught if you don't log it.

    I had a driver stuck in traffic and once he gets out of traffic shortly after he gets pulled over and the officer knew there was a traffic jam and the driver logged going through just normal miles/speed etc so he was written up for a false log.


    The Q & A is pretty clear in the answer as how to log it.

    Thanks for the compliment Rick G
     
  11. DannyB

    DannyB Medium Load Member

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    I was in a similar situation last summer. And I also drive for Schneider. A traffic accident had the interstate closed down and we sat still for over 3 hours before they managed to get a detour worked out.
    The detour was another hour, after which I got on down to my fuel stop and fueled. Said stop was where I had planned to take my DOT break. Unfortunately, by the time I got there, there was no place to park so I headed back out onto the interstate. Right into yet another accident caused traffic jam. By the time I made it to the next safe, legal place to stop, I was over on both the 11 and 14.
    I logged it as it happened, with appropriate comments in the remarks section as well as sending in a freeform macro with the same information.
    I called my DBL the next morning and was told I done the right thing and not to worry about it. I must have, I've never heard a thing about it.
    So I'd say you done it right and don't worry about it. ;)
     
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