45 minute safety rule

395.1 b(2)

In it it says complete run. I wouldn't try that one but can and has been used to move to a safe haven when confronted with an emergency situation.

People try to use it for excessive dock time, bad planning, lack of parking, and a myriad of non-emergency situations. Sitting in the middle of am interstae after 6 hourss of clean up and out of hours does qualify.

 

Tazz, the information I quoted is directly from FMCSR, I don't see any argument trumping it in court if taken there.

 

So is mine.

It is easier to give you the number of the reg on my phone.

2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed regulations in this part, if such run reasonably could have been completed absent the emergency


http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.1



Like I said if your using it to violate regs you better be in an emergency situation.

 

Regarding the 14 problem. They probably figure that if you were close the the end of your 14 when the emergency occurred, you were either close to your planned stop or weren't going to make it anyway. If you still have a couple of hours on your 14 but ran out of your 11 because of the unforeseen incident, you should be able to find somewhere safe to park it within a couple of hours.

 

Tazz, don't forget the riders on that. You get an extra 2 hours to drive, but must complete it within your 14. That doesn't change. What you are quoting is the general regulation. What Wolfie put up there was the clarifying rider.

 

We had a driver claim traffic delay. CHP said press hard 5 copies.

 

No rider. This is not the adverse conditions sub-part. Go to the page and look. It is a seperate provision to allow for an emergency that exempts you from the rules of this part.

Like I said if your on a highway trapped beyond your legal or extended(adverse conditions) hours it gives you a legal way to clear the emergency that being parked in the middle of the interstate would be if caught in the catch 22 of being beyond fourteen but in violation of safe operation.

But as Az say's you better hope the officer agree's that it is an emergency situation.

 

I thought everyone knew this rule.
It is listed right below "They have to give you 5 MPH over the speed limit."

 

let's try this again and maybe with a little BOLD from FMCSA see if you still thing it's an arguable case.

http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.pdf