16 hour rule in CA

Just recentaly a co-worker was pulled into the scales in Trucky,CA and was told that he needed a documented emergency for using the 16 hour rule. Like a breakdown or freeway shutdown. If he is cought again using it without a verifiable reson he will be fined $350 and a 45 day suspension on his CDL. I use this rule once a week and am now afraid of being in violation. Today I went to the Fremont, CA Scales and asked for a better explanation of the rule and to get some sort of documentation to give my company who likes to force me to use the rule. These officers, and one was sleaping, did not know........????? WTF! I couldnt believe it. They directed me to the Code Of Federal Regulations Title 49 Part 395 and FMCSA Interstate Truck Drivers Guide to Hours of Service. As much as I can decifer it does NOT state it has to be an emergency. I have read it, printed it and read it again and can not find that it has to be used in an emergency situation.

Can anybody help me with any documented infomation regarding this please. I know you can not drive after 11 hour of driving and 14 on duty unless its adverse conditions which alow you 2 extra hours of driving. i need proof.

 

That is what my co-worker was told but I do not see where it states that. Not in the FMCSA or the CFR title 49 part 395.

The company I work for is HUGE and say we can use it once a week. Example, if I use it on Friday then have my 34 hour reset I can use it on Monday.

 

That is what I have printed and read and it states in 395.1(o) Property-Carrying driver is exempt from the requirements of 395.3(a)(2) which explains the rule of the 14 hour period.

What is the defination of PROPERTY-CARRYING DRIVER? Are we not always hauling somebodys property?

 

Yes I do......everyday!

 

Sounds logical....thank you!