Eld Vs Paper
Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Patrick615, Jan 9, 2019.
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No, it doesn't, when lawfully applied.. If you feel up to it, you can still move to the nearest, safe parking location. If you feel you're too tired to drive, you can inform your dispatcher. If a shipper/receiver is a regular abuser in terms of detention times, it's up to your carrier to stand up for you. If they don't, carriers that do are hiring. If your carrier doesn't allow PC, you can refuse to drive illegally. If the shipper/receiver gets insistent on getting you outta there, you can ask them to call in the cops. If a cop directs you to move, you can legally move to the nearest, safe parking location. If you are feeling too tired or unwell, you can inform the police officer that you are feeling too tired to safely operate the CMV and arrange for your company to send in another driver or make alternate arrangements.
Always remember the following:
1) Nobody can lawfully coerce you to commit an illegal act
2) Document EVERYTHING. Names, dates, times, badge numbers... EVERYTHING
3) Stay polite, courteous and firm
4) Abusive carriers/shippers/receivers will have to rethink their approach if their insistence on coercing you into an illegal act ends up costing them money/inconvenience
5) You now have a law that will protect you against harassment and coercion. Use it to your advantage.Last edited: Jan 25, 2019
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Is all it is is legally running over hours, everybody freaks out if you do it on paper but once it's on a computer nobody cares. Don't think if the exact same thing happened on paper logs and you PCed to the truckstop and got pulled over on the way that they would say ok and just let you go.Bean Jr. Thanks this.
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Under the current legislative framework, you could do the same if you were running paper logs. Whether your AOBRD/ELD crapped out and you're in the middle of the 8 day exemption or you're running an ELD-exempt vehicle and on paper, the law is the same, regardless of the way you log your hours, if a shipper/receiver kicks you out, you are allowed to go to the nearest safe parking location under personal conveyance. Same goes if an LEO tells you to move.
The FMCSA recognised that there were some circumstances where the driver had no valid choices but to cheat on the logs. Those became apparent when fewer drivers were able to do so. They listened and issued some guidances to officially give the driver the option, under a limited set of justifiable reasons. -
The thing is, the insignificant moves weren't recorded on paper, but the box(ELD) or a restrictive ÀOBRD records nearly all movement. There is most likely a record. And log it as PC, or at least, creep off duty, don't assume it won't flag the truck moving if you're solo and on line 2, even if you can't see it on the grid.
stwik Thanks this. -
So youre 3 hours over on your logs, using paper, leave the shipper to go to the truckstop 30 miles away and get pulled over on the way, do you really think you're gonna get out of that without a ticket? I'm pretty sure you'll get a violation and an oos, has anybody had this happen that can say for sure?Bean Jr. Thanks this.
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Yeah. Why not? If you have the paperwork from the shipper/receiver and annotate your funnybook, you're not doing anything illegal. The new guidances do not distinguish between paper or electronic, even if they were INSPIRED BY wider e-log adoption.
Personal Conveyance -
"You're not doing anything illegal" you're driving over hours that's all they're going to see. You write "personal conveyance" above wherever you put it in your small book of tall tales and they're just going to laugh and write you a ticket.Bean Jr. Thanks this.
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But in the meantime, you’re a potential target for any slip-and-fall lawyer.
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And they STILL don't! Logging lines 1 or 2 when they SHOULD be on line 4...slow-rolling to avoid triggering line 3...etc.
It's all cheating. It's just now they think it's "legal" because that silly box allows them to do it.Deere hunter and Bean Jr. Thank this.
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