45 minute safety rule

If this claimed exemption, which has no set time limit, does in fact exist in the manner you are describing, we would be hearing about it being used far more frequently than we are. Am I going to remain in the path of a flood or near a fire? Not a chance. However, if I have to move less than seven minutes to get away from it, I won't bother logging time for it on my book.

You are describing a scenario in which I have already parked for the night and then something happens. Your emergency provision does not address this. In fact, this specific event is not addresed at all in the FMCSR. This emergency provision addresses a load that is under way, as is clearly stated in your quote, "could have been completed absent the emergency." If you are parked, that portion of the run is complete.

Meltom quoted the adverse conditions provision. He made no mention of emergency conditions. You decided you had to weigh in with this confusing nonsense that nobody I know or even heard of has used. If it's so easy to understand, why isn't it in wide use throughout the industry? Wouldn't hundreds of safety departments be stepping all over themselves to put it into use?

According to your argument, the guv'mint never makes mistakes, nor writes something into law that doesn't make sense or contradict itself. Apparently, you haven't been paying attention.

But, back to the ORIGINAL subject: I'm curious where these drivers are getting this 45 minute safety "grace period" from. Awaiting word as to the justification. ...Meltom?

 

Correct. For instance I stop a driver who hands me his log book and there is no entry for today 10/11/11.I stopped him at...........0900 hours. His last entry is on 10/10/11 at 2330 hours. I will note the date and time of last entry. Then the driver can catch it up to make it current to the last change of duty status. Since he is only missing today and a portion of yesterday it is just a violation of not being current to last change of duty status, 395.8f1. Now let's say the driver's last entry in 10/08/11 at 2330 hours. The driver is missing today, yesterday and any portion of the day before that= driver is out of service for 10 hours, 395.8k2.

 

I guess I'm missing your point. What regulation are you quoting? 395.1b? There is nothing that I see that says anyone is exempt from this part. The adverse driving condition is explained quite well in the Interstate drivers guide to HOS posted on FMCSA's website.

Hours of service of drivers
§ 395.1Scope of rules in this part. (a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (q) of this section. (2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. (b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by § 395.3(a) or § 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive' (i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;(iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles. (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 absent the emergency.

Interpretations that deal with adverse driving condition:
Question 2: If a driver invokes the exception for adverse driving conditions, does a supervisor need to sign the driver's record of duty status when he/she arrives at the destination?

Guidance: No.

Question 3: May a driver use the adverse driving conditions exception if he/she has accumulated driving time and on-duty (not driving) time, that would put the driver over 15 hours or over 70 hours in 8 consecutive days?

Guidance: No. The adverse driving conditions exception applies only to the 10-hour rule.

Question 4: Are there allowances made in the Federal Motor Carrier Safety Regulations (FMCSRs) for delays caused by loading and unloading?

Guidance: No. Although the regulations do make some allowances for unforeseen contingencies such as in §395.1(b), adverse driving conditions, and §395.1(b)(2), emergency conditions, loading and unloading delays are not covered by these sections.

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.


Now the Interstate drivers guide to HOS from FMCSA:

What Is the Adverse Driving Conditions Exception?
[FONT=LCFFL O+ Times,Times][FONT=LCFFL O+ Times,Times]If [/FONT][/FONT][FONT=LCFLB B+ Times,Times][FONT=LCFLB B+ Times,Times]unexpected [/FONT][/FONT][FONT=LCFFL O+ Times,Times][FONT=LCFFL O+ Times,Times]adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical "rush hour" periods. Even though you may drive 2 extra hours under this exception, you must not drive after the 14[/FONT][/FONT][FONT=LCFFL O+ Times,Times][FONT=LCFFL O+ Times,Times]th [/FONT][/FONT][FONT=LCFFL O+ Times,Times][FONT=LCFFL O+ Times,Times]consecutive hour after coming on duty. [/FONT][/FONT]

[FONT=LCFLB B+ Times,Times][FONT=LCFLB B+ Times,Times]Example: [/FONT][/FONT][FONT=LCFFL O+ Times,Times][FONT=LCFFL O+ Times,Times]You come to work at 7:00 a.m., start driving at 8:00 a.m., and drive 9 hours when you hit heavy fog at 5:00 p.m. The fog was not forecasted. At this point, the adverse driving conditions exception would allow you to drive for 4 more hours (2 hours to get to 11 and 2 extra hours due to the fog), taking you to 9:00 p.m. for a total of 13 hours of driving. If, however, you come to work at 7:00 a.m., start driving at 12:00 p.m. and drive into fog at 5:00 p.m., you could still only drive until 9:00 p. m. for a total of 9 hours of driving. You would have to stop driving at 9:00 p.m. because you would have reached the 14-hour limit. This regulation is found in Section 395.1(b). [/FONT]
[/FONT]

Sorry if I didn't follow you Tazz, I might have misread your post. But from what I have seen and read, I do not see anything that says a driver is totally exempt from hours of service. The onl;y time I have seen this is when an Emergency declaration has been issued by the President or a State Governor. I know when something big like Hurricane Katrina or other disasters, they have issued emergency declarations. In the winter time, propane haulers have been exempted because of cold weather and people running out of propane. I have never stopped someone in over 11 years of doing inspections that has claimed the adverse driving condition. If your on the interstate and tied up in a wreck that has a road closure, yeah you got to get off the road to the next truck stop. No biggie, but I don't understand I guess what reg you are quoting.

 

Why do I have to be a freak?

 

I just love when people quote this for the OTR driver.

There is not an exclusion there.

You have provided it quite clearly except for the blind driver who will still think it is there.