45 minute safety rule

And that/your interpretation is also incorrect as per FMCSA rep on Nemo's show. FMCSA does not round up/down. If it takes less than 15 mins then log zero.

 

Tazz,

I went back and read all of your posts dealing with this thread. I see what you are saying and I was confusing the adverse condition because of the discussion about it. There is the emergency part, however if you go to 390.5 definitions, there is a definition of "emergency" in the regs. Here it is:

Emergency means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in:
(1) A declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by the FMCSA Field Administrator for the geographical area in which the occurrence happens; or by other Federal, State or local government officials having authority to declare emergencies, or
(2) A request by a police officer for tow trucks to move wrecked or disabled motor vehicles


Like you posted earlier, you need to make sure someone else will see it as an emergency. So the way I read and interpret this is, let's say you leave Jacksonville, FL for a trip Savannah, GA. In theory all resonable people would be able to say without a shadow of doubt you should be able to drive that within 11 hours. On the way there, you get caught in a 4 hr road closure, then a hurricane strikes, followed by a Tsunami. Temperatures drop then a blizzard hits. Well you've been on the road at the controls for over 14 hours, well I would think someone would say, hey he should have been able to make that but a strange chain of events prevented him from making it. I think then you could probably make that claim.

The definition of Emergency that they have is pretty detailed. It also talks about the emergency declarations as well. Hope this helps.

 

Not a good idea.

Pull into a rest area. Go to the restroom and walk around the truck and get back in. Took about 5 minutes.

Pull out of the rest area and get pulled over for a check.

Log violation for not being current to last stop.

Wisconsin and Indiana have done this.

I do not care what a radio person says. He is not paying the ticket.

 

I have seen this in several states. The rule is, everytime your drive situation changes, you MUST flag it and mark time accordingly. so if you stop at a rest area, run in and back out but only 4 minutes, you don't have to take a 15 minute block on line 1, but you must flag it.

 

Exactly correct!
Same as when open deck guys stop and do a load securement check...flag it

 

Not according to the regulations and their interpretations.

If it is less than 15 minutes it does not GO AWAY! You just don't have to draw a 15 minute line on the graph grid. You put the amount of time in the remarks area.

If you do time, but do not log it, would that not be a false log?

 

I would place being parked in the middle of the interstate as risking public welfare and or human life. Both in that definition. Now personally I would never try to complete my run but I would use that subpart as my defense if someone ticketed or cited me for moving beyond the 14.

But I do thank you for the definition I had always thought it was left vague for some interpretation. Not all events being an emergency and all.

I did have our safety guy through the ATA ask for some guidance on what they feel the boundries of the emergency exemption are. If I get a response I'll post it.

 

So Meltom, has he gotten in yet and showed you the 45 minutes reg yet?
Or did I miss the post (again?)

-Steven