HOS and adverse condition rule question

Discussion in 'Questions From New Drivers' started by dtj12231989, May 5, 2019.

  1. dtj12231989

    dtj12231989 Medium Load Member

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    Hey. I have a general question about Hours of Service and the adverse condition rule. I am dropping a load off in Athens Alabama and I literally ran out of hours on my 70 hour clock as I was pulling into the drive way. I was not aware that this was a live unload and I have my dm telling me that I need to see if the consignee will let me go to the nearest truck stop and come back in the morning. The only problem is that I need a 34 hour reset. Any solid advice? Not some humbo jumbo. Real life advice on what to do. The main reason that I ran out of hours is that I20 in Birmingham AL was closed due to road construction and I had to take a detour thru some long red lights. I just talked to me trainer about this and he said my best option was to go off duty seeking safe haven and see if they can unload me today, even though my appointment was tomorrow morning at 945 am. That makes sense cause once I get to that truck stop, I cannot and will not move until my 34 rest is complete. Would that be the best thing to do?
     
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  3. Jacoooooooo

    Jacoooooooo Heavy Load Member

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    Legal would stay on duty for the duration of unload, than once epmty switch to off duty and personal conveyance driving to the nearest truck stop and finish your 34.
    You can stay on duty after 70h clock has passed, it’s just that you cannot drive. On the other hand you can start your restart and pc to the truck stop.
    I would do this way for sure.
    I don’t think adverse conditions would apply here. They specifically say that it does not include construction or traffic.
     
  4. dtj12231989

    dtj12231989 Medium Load Member

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    Ok. I was just told by the guy here that it might be an hour or two before I can back up to the door to get unloaded. Would it be legal to stay off duty until I back up to the door, then go on duty while I get unloaded, the go off duty personal conveyance to get to the closest truck stop? As of right now, I am off duty seeking safe haven.
     
  5. Jacoooooooo

    Jacoooooooo Heavy Load Member

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    Well, just keep in mind if asked about that during inspection you cannot say you were waiting at the consignee. Gotta say you went jogging oh whoever knows what else, bc it was not your appointment yet, and you came back to the truck when it was your time to check in.
    Or the same thing just put it into sleeper. My approach is that they cannot tell me when to sleep or not, so if I feel like it’s time to sleep I go to sleep and log so, doesn’t matter where it was.
    General rule is that time waiting for load / unload is considered on duty, but if you know how to argue your case, for example using those excuses I suggested above, you should be fine.
     
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  6. dtj12231989

    dtj12231989 Medium Load Member

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    Ok. The nearest truck stop is 20 miles out. Could I use seeking safe haven to get there?
     
    Last edited: May 5, 2019
    Reason for edit: Additional information
  7. Jacoooooooo

    Jacoooooooo Heavy Load Member

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    That’s alright to pc there. Just have to be empty and not under dispatch.
     
  8. dtj12231989

    dtj12231989 Medium Load Member

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    Ok. How do I use personal conveyance? Is there an option for it when I go off duty or can I just edit the logs at the end of the day for clarification?
     
  9. dtj12231989

    dtj12231989 Medium Load Member

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    I found this on the FMCSA website. Look at item three. I think that item fits my situation. Outside of my 70 hour clock being out, I have 7 hours and 6 minutes of drive time available and that is on my 11 hour clock. And I am only 4 minutes over my 70 hour clock as of right now.
     
  10. mindes

    mindes Medium Load Member

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    Your company may not allow personal conveyance.

    Safe Haven only applies to some hazmat that has to be in safe legal parking.

    Unless that construction was because of an emergency, adverse conditions doesn't apply. Attenders conditions only applies for unseen conditions after dispatch. I.e. weather, accidents, traffic. Knowing a weather front is coming with severe weather doesn't count and road construction doesn't count.
     
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  11. Jacoooooooo

    Jacoooooooo Heavy Load Member

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    Depends on your elog.
    Gotta ask your safety.
    Don’t let it log on-duty driving.
    I don’t know if yours allows changing from on-duty driving to personal conveyance. But you can easily check by trying to change any previous driving period to pc.
    If not, see if you have an option to select personal conveyance BEFORE you start driving while logged off duty.

    You cannot be over on your 70 and drive on duty.
    Don’t count on adverse conditions rule, you won’t win this argument at the scale.
     
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