14 Hour Violation Due to Breakdown? Help!

Discussion in 'Trucking Industry Regulations' started by Truckerman99, Apr 21, 2021.

  1. TheLoadOut

    TheLoadOut Road Train Member

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    No, that is the link to Personal Conveyance guidelines by the FMCSA.
     
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  3. TheLoadOut

    TheLoadOut Road Train Member

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    If your company has a safety department it is best to call them and ask how they want you to handle this.
     
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  4. AModelCat

    AModelCat Road Train Member

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    Couldn't have limped it to the hotel and had it changed there instead?
     
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  5. ZVar

    ZVar Road Train Member

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    Neither 16 houre exemption is likely valid.
    1. adverse driving. This is a breakdown, not something covered.
    2. Short haul "big day". One of the requirements is starting/stopping at the same location the last 5 days.

    PC is also out. Neither definition above apply.
    1. He's not traveling to lodging as much as finishing his trip. Plus, it states from lodging to wherever...
    2. He's not getting kicked out of the shipper/reciever so doesn't apply.

    No, just go in violation. If you get in trouble at least it will be just for the violation and not for fraudulent entries also.
    Sometimes crap happens, as long as it's rare no one will care.
     
  6. Bean Jr.

    Bean Jr. Road Train Member

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    Without having a sleeper, would the split sleeper rule apply? The shorter of the 2 breaks 2-3 hours may be taken as off duty, sleeper or a combination of both. It stops the 14 hour clock and doesn't count against it.
     
  7. Cattleman84

    Cattleman84 Road Train Member

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    Nope... CMV must be equipped with a sleeper berth to use the split berth rule.
     
  8. Bean Jr.

    Bean Jr. Road Train Member

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    If it were, would he be required to take the 8 in the sleeper or would 10 off duty be ok?
     
  9. ZVar

    ZVar Road Train Member

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    Maybe, but if he's trying to stay legal he has to stay on duty as per 395.2
    On-duty time means...
    (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

    Unfortunately I think this is simply one of those times the driver is screwed as there is nothing that really covers this situation.
    I mean he could always get it towed to the hotel...
     
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  10. TheLoadOut

    TheLoadOut Road Train Member

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    In the end, 11 minutes from the hotel, I'm going to the hotel with the flat. One way or another I'm getting to that hotel if I'm driving a day cab.
     
  11. Kyle G.

    Kyle G. Road Train Member

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    As mentioned, legally the best thing to do here probably would be to get towed to the hotel. Sounds stupid but chances are the tow bill would be less than the potential fine and lost revenue for being put out of service for however long.

    Then again, only 11 minutes away... meh, I’d probably just drive the darn thing and be done with it.
     
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