PC and log violations

I am going to try to put this into everyday language so it can be understood.

Neither the FMCSA OR a DOT registered carrier is going to state it is OK to violate part 395! It is NOT going to happen. The FMCSA is also NOT going to place exceptions in 395 for busting a clock to get to a legal place to park. (I am reluctant to use the term safe haven or rest haven here) If you are looking for this to happen you are living in a dream world and believe in Santa and the easter bunny. HOWEVER

The FMCSA knows and understands the problems with a drivers everyday work life. They understand sometimes a driver is placed in a nutcracker of a situation because of how shippers and receivers operate! This is why they changed the guidance in 395 to allow for a driver to PC and it not effect an actual violation. The carriers also know this. In another thread I posted a week or two ago I linked to some of this information. Remember this though. No safety critter is going to tell you it is OK to move a CMV once past your hours. However when they see a violation and it has been noted the reasons why they can cover the carrier by acknowledging it As long as you the driver can avoid doing this no more then maybe 3 or 4 times a year most carriers will let it go, place a comment in the drivers files they were spoken to.

When the FMCSA does a compliance audit they will bring the names of some drivers they have pulled from the roadside inspection data and will check them. They will go to the drivers qualifaction file then check them out at the log dept. I have seen how the FMCSA does these audits. The FMCSA is not hiding behind trees with binoculars waiting on a driver to mess up.

Moral of the story. If you are out of hours and can't stay where you are don't panic. Operate in PC mode if you have it, or line 3 if not and drive to the next safe legal place to park. Note it and go to bed. That's it, just don't make a habit of doing this. Too many drivers want to over think this. These technical violations happen everyday, they are what they are. @brian991219 is a compliance expert, if I am not telling the truth or wrong I am 100% sure he will correct me!

 

100% TRUTH in your words. Especially the part about how the auditor selects which files he wants to look at during a review. The FMCSA is not some big cloak and dagger Agency. They are woefully understaffed and have much bigger fish to fry than a few minutes of extra drive time on a log book. I have worked with several of their staffers for years, and for the first time ever had a chance to have some one on one talk time face to face with the sitting Administrator, Ray Martinez. He is aware of our burden as drivers, and compassionate towards it, however his Agency is charged with safety so he is limited in what he can do to relax the regulations.

As a compliance person I see log violations daily, the different ELD systems my clients use all send me alerts for as little as 1 minute over, yet I only make recommendations for actions on a handful of violations a month. Even in court, I testify as a subject matter expert for all things trucking regulation related, the lawyers don't get away with making a big deal out of small violations.

You need to show deliberate intent to violate, without reason, before you will be in any serious trouble. Yes, the roadside enforcement officer could be a pain and cite you for even 1 minute, although he won't unless he likes pissed off judges in local court.

As Moose said, just don't make a habit out of it and you will be fine. That and be sure to take a full break after going over on line 3 (assuming you don't have PC time available). I can sit behind the desk all day and say plan better, but as a former driver with nearly three decades behind the wheel (that still drives occasionally) I know stuff happens. If your safety department is going to write you up and discipline you for a few minutes then you have bigger issues and need a new company pronto!

A few other myths about ELDs that warrant exposure as the urban legend they are, and I should know since I sell one brand and have clients using all the major brands.

1. They do not self-report violations to the DOT! This function has been talked about ad nauseum, and they simply do not do it. The privacy of violations is paramount in all the sales literature I have seen, the ELD makers go to great length to keep the inspection view to just the legally required info without highlighting violations or missing info.
2. As of yet the DOT database for transferring ELD data is not functional, and when it is the ELD still will not self-report violations. This goes against several legal doctrines regarding self-incrimination. There will not be ELD/HOS Police riding around with antennas on their cruisers looking for distress signals from tired ELDs.
3. Not all companies have the same parameters for reporting violations internally, so just because you work for a micro-manager doesn't mean every ELD system will rat you out for just one minute. As a safety manager I can set the parameters for when I get alerted to violations to keep the nuisance alerts to a minimum.
4. Finally, the ELD will not shut down your truck and prevent you from driving just because you are out of hours, it will let you do whatever you want -just will have an annoying violation alert flashing or beeping until you decide to throw it out the window.

Again, as a safety and compliance expert I have to say "do not violate the regulations, ever" but as a realist I know violations are a part of daily life, and as long as you have a valid reason noted I am fine with it, as are 99% of the roadside enforcement officers. Myself, or any other "safety critter" as Moose so eloquently calls us, will never condone a violation directly, especially in writing -well at least the smart ones won't.

 

Many ELDs only automatically assign you as Driving status if you drive a certain distance and/or exceed a certain speed. Ask your company what those trigger numbers are. OFF-Duty (PC) is a status you can use to drive to safe parking/food. Your company may or may not allow ODPC and have their own limits. My company doesn't fire you for having a small HOS violation 1 time.Your company might, but I doubt it. Off-Duty (PC) is a pretty safe bet at most companies. My ELD certainly will allow me to change parking spots while I am Off-Duty. Most old timers rarely drive fast enough through the truck stop to trigger the ELD putting you on the Drive status.

 

Yes you can PC. Once tire is repaired, you are relieved from your duties.

 

I don't agree. A driver is not relieved of their responsibility of that truck until it is safely parked for the night in this situation. General PC when bobtail I am more inclined to agree because the dynamics is a bit different. Some carriers don't have that line 5. In this situation a driver is going to be on duty and driving. This is why it is important to note it. In the situation where a carrier has a line 5 I don't think a driver need note anything unless a carrier requires it. I still would however!

I know what you mean however and agree. I just think a driver should be very careful about starting that 10 hours while PC in this situation. I can't stress this enough though. Folllow what the company wants here.

 

Sure do miss paper cheat sheets!!!

 

There is no line 5. It's line 1. I can't believe how much you guys complicate this.

 

Unfortunately it is you that is complicating this. On some systems a driver can log PC and on some they can not. How much simpler then that can I make it. This is a decision made by the carrier when they set up the system. I admit I never drove using anything but paper logs. However I do know that no matter what a driver does if that truck moves the system will note that movement and that movement can later be seen. Back in the paper log days during my last few years the log dept could tell if your GPS data did not match your logs.This is why I caution about making sure a notation is made. Now back to my first comment on this. A driver IS NOT relieved of their duty until that truck is legally parked! << That was what I took exception to. Now with that said I am out of it and wish you a great day!

 

Your relieved when you decide. Pretty simple. But we are talking about truckers, some of y'all are super retarded. #### sakes never worked with such a pathetic group of people