45 minute safety rule

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

  1. Tazz

    Tazz Road Train Member

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    So long as you have the previous 6 days you are allowed to catch it up without being placed OOS. I'll have to go find it but it is there.

    It will not save you from a ticket, or citation on an inspection report but will save the OOS so long as you are legal just not current.

    Look up 395.13 (3) it gives an exemption for OOS.
     
    dieselbear Thanks this.
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  3. 123456

    123456 Road Train Member

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    This thread should be merged with the fire arms thread !!

    They both contain about the same amount of misinformation !!!

    :biggrin_25514:
     
    Meltom and Injun Thank this.
  4. Tazz

    Tazz Road Train Member

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    What can you say people refuse to read the book governing our industry. Of course most people have an aversion to books with out pictures:biggrin_25522:
     
  5. Meltom

    Meltom Road Train Member

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    you'll still get nailed for not having your log book current either way, but typically people make things much worse because they dont' have the time to falsify it "correctly"
     
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  6. Tazz

    Tazz Road Train Member

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    Yeah but sitting ten hours because you forgot to come back up from fueling might screw your plan a bit.
     
  7. lostNfound

    lostNfound Road Train Member

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    If you are referring to my post you are the one that has a reading comprehension issue. At no point have I indicated anything remotely close to what you are suggesting. What I have posted is based strictly on 395.1(b)(2). I am not the one posting fictional scenarios with a pre-determined bias trying to prove a point. So, I am not "looking" for anything.
     
  8. Injun

    Injun Road Train Member

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    Seriously, LnF?

    If you look at what DieselBear posted, you will see it agrees with me to the letter. You go on ahead and argue the point in court. Just let me know the date so I can be part of the peanut gallery. I threw out an example of an unforseen emergency that, absent that emergency, the run could have been completed. Sorry if that annoys you. It's not too far off a recent event wherein my brother was the one hauled to the hospital. His codriver remained parked at the truck stop and rescheduled the appointment.

    Question for the gendarmes, since they have both shown up here: How often do you see this exception attempted to be used and how often is it used legitimately?
     
  9. Injun

    Injun Road Train Member

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    After Meltom quoted the Adverse Conditions exception, I said this:

    And then this ensued:

    It seems to me you guys are both trying to say the same thing: that the 14 hour rule has an exception. Then, you both obliquely reverse yourselves:


    I think I'll go off what this guy says:


    Which is exactly what I said in the beginning.
     
  10. Meltom

    Meltom Road Train Member

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    So it's all my fault?
     
    Injun Thanks this.
  11. Tazz

    Tazz Road Train Member

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    So it is yours and Deiselbears psoition the emergency exemption just does not exist? There fore agreeing with lone wolf that if a driver has circumstances beyond his control he must not move lest he violate the 14 hour clock?

    Tell me why the exemption is in the FMCSR's then. It is seperate from what you both quote and I agree that the Adverse Driving Conditions sub-part is excluded from exemption of the 14. What I post and exists under the part I enumerated and posted is an emergency exemption from all rules of this part. Read it that is what it says, an exemption in an emergency situation.

    It has nothing to do with your adverse conditions subpart.


    Alnf ai have no idea wtf you are talking about. My post of looking for a 14 hour rule was directed at Injun and Lonewolf whom just keep quoting the adverse conditions as the final rule and ignoring the very next subpart for emergency conditions.

    Two seperate subparts covering two different conditions. That is why there is two different subpart about driving conditions. One adverse and one emergency. Lone wolf made the bogus claim of revenue generation when a driver beyond any part of his control is faced with violating HOS or leaving themselves in a bad position like being in the middle of a highway, or next to a fire, building with a bomb.

    I guess it is the learned belief of Injun, Lonewolf, and apparently Dieselbear that if those conditions were to exist a driver is supposed to shrug his shoulders and not violate the HOS despite a sub-part authorizing and exempting the driver from them. They must just write in subparts for fun and amusement.
     
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