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45 minute safety rule

Discussion in 'Trucking Industry Regulations' started by Meltom, Oct 7, 2011.

Page 5 of 15
  1. Oct 10, 2011 #41
    Meltom

    Meltom Road Train Member

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    Another driver asked about it today. I know two of these knuckleheads used to work at Knight. I didn't realized they had their own HOS over there.
     
    Meltom, Oct 10, 2011
    Meltom, Oct 10, 2011
    #41
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  3. Oct 10, 2011 #42
    Panhandle flash

    Panhandle flash Road Train Member

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    Its not just Knight. When at Transam, our safety guy was telling us that the 2 hr rule, for safe haven, could be used for shippers and rcvrs. Never saw that exception in the "green " book I read.
     
    Panhandle flash, Oct 10, 2011
    Panhandle flash, Oct 10, 2011
    #42
  4. Oct 10, 2011 #43
    Meltom

    Meltom Road Train Member

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    Question 5: How may a driver utilize the adverse driving conditions exception or the emergency conditions exception as found in §395.1(b), to preclude an hours of service violation?
    Guidance: An absolute prerequisite for any such claim must be that the trip involved is one which could normally and reasonably have been completed without a violation and that the unforeseen event occurred after the driver began the trip.
    Drivers who are dispatched after the motor carrier has been notified or should have known of adverse driving conditions are not eligible for the two hours additional driving time provided for under §395.1(b), adverse driving conditions. The term "in any emergency" shall not be construed as encompassing such situations as a driver's desire to get home, shippers' demands, market declines, shortage of drivers, or mechanical failures.
     
    Meltom, Oct 10, 2011
    Meltom, Oct 10, 2011
    #43
    chalupa Thanks this.
  5. Oct 10, 2011 #44
    Injun

    Injun Road Train Member

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    Additionally, that adverse driving conditions exemption only applies to the 11 hour rule. Driving still must be completed within the 14 hour window. There is no 16 hour exemption for OTR. Argue it all you want, then quote it from FMCSR.
     
    Injun, Oct 10, 2011
    Injun, Oct 10, 2011
    #44
    lonewolf4ad Thanks this.
  7. Oct 10, 2011 #45
    123456

    123456 Road Train Member

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    :biggrin_25513:
     
    123456, Oct 10, 2011
    123456, Oct 10, 2011
    #45
  8. Oct 10, 2011 #46
    Okieron

    Okieron Crusty Okie

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    AW Man! I thought I found an out when I get back out there!
     
    Okieron, Oct 10, 2011
    Okieron, Oct 10, 2011
    #46
  9. Oct 10, 2011 #47
    lonewolf4ad

    lonewolf4ad Road Train Member

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    Nevermind finally found clarification on it.

    http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.pdf
     
    lonewolf4ad, Oct 10, 2011
    lonewolf4ad, Oct 10, 2011
    #47
    Injun and LaBubba Thank this.
  10. Oct 10, 2011 #48
    lonewolf4ad

    lonewolf4ad Road Train Member

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    Now with those rules being show. Depending on the type of incident, how does DOT (supposed to be safety right) handle a truck which is not in a safe place, but also cannot reach a safe place because of the 14 hour rule?
     
    lonewolf4ad, Oct 10, 2011
    lonewolf4ad, Oct 10, 2011
    #48
  11. Oct 10, 2011 #49
    Meltom

    Meltom Road Train Member

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    then you log your violation, make a notation and it will be handled on a case by case basis. Well that's just a guess but if I say that with confidence most people buy it.
     
    Meltom, Oct 10, 2011
    Meltom, Oct 10, 2011
    #49
  12. Oct 10, 2011 #50
    lonewolf4ad

    lonewolf4ad Road Train Member

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    Meltom I like the way you think, but let's face it alot of these regulations which are used as laws are about revenue generation instead of safety.
     
    lonewolf4ad, Oct 10, 2011
    lonewolf4ad, Oct 10, 2011
    #50
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