Am I abusing HOS exemptions too much?

Discussion in 'Experienced Truckers' Advice' started by Lohse, Aug 7, 2022.

  1. Lohse

    Lohse Bobtail Member

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    So lately I've been using exemptions on my ELD to sort of but not technically if you think about it cheat.

    So as for some examples: a previous time I used adverse conditions to get myself an hour and a half away from a shipper that sucked up all but 7 minutes of the time I had left and this last trip I used it to give myself extra time so I could just drive home instead of sleeping in a truck stop and I was also about to throw in personal conveyance if I couldn't beat the clock (which I did, being governed at 83 comes in handy around here).

    This load I'm heading out in the wee hours of monday morning next week is a 10 hour out and back. It's over a lot of mountains, even though I'll be light I'll be really pushing it to get back in 11 hours and having to strap and unstrap will probably burn the rest of my work day, so I'm expecting to use personal conveyance and just drive home instead of back to the yard.

    Now from my understanding I haven't done anything technically illegal though perhaps pushing the definition of adverse conditions. So my question is am I pushing it too far? Is using exemptions on a weekly basis going to throw up red flags or is me being technically not illegal probably if you think about it good enough?
     
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  3. Another Canadian driver

    Another Canadian driver Road Train Member

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    O/O or company driver?
    Backhaul is empty?
     
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  4. Lohse

    Lohse Bobtail Member

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    Company driver, this load is just going to be moving product our company produces to our own company stores, no backhaul planned but I like to get them to throw on any returns since I'll get an extra $25 for it, I won't know if I'll have that until I get there.

    In the examples I gave of previous times I was loaded, heading back to my home city.
     
  5. Another Canadian driver

    Another Canadian driver Road Train Member

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    You could have used personal conveyance if you were an O/O paid only for loaded miles.
    Since return home is paid miles loaded/empty, it can't be used.
     
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  6. Another Canadian driver

    Another Canadian driver Road Train Member

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    Which clock are you trying to improve?
    11h or 14h?
    Are you doing it every day?
    14 on duty and 10 off duty and then repeat?
     
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  7. Lohse

    Lohse Bobtail Member

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    Oh I see, I didn't think of that. I read the HOS rules from a few sources but none of them mentioned whether the miles were paid or not.

    Trying to improve the 11 hour.
    Not everyday but once or twice a week on the way back to push home, I keep running out of hours only an hour or two away from home and I really rather sleep in my own bed rather than the truck if I can help it.
    When I'm heading out to receivers I don't really care because I'm sleeping in the truck regardless, I stop a couple hours before my 11 hours is out in the early afternoon so I can get a nice parking spot.
     
  8. Another Canadian driver

    Another Canadian driver Road Train Member

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    You are using words in a way that it's hard to understand.
    I would have told my story like this:
    My next load, I have to cover 600 miles and I'll use .5 hours to secure the load and 3 hours to unload.
    On my way back I'll do a reload in the same place and it will take me 1h to secure.
    If you tell your story a little less vague, then solutions might arise.
    OK?
     
  9. ZVar

    ZVar Road Train Member

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    Except you are wrong. HOS doesn't care about pay at all for driving. If he's moving at the direction of the motor carrier (he is) going back is a continuation of the trip.and thus PC can't be legally used.

    If the run can't be done in 11 driving hours, it needs to be planned better to get it done. There really is no exception that is valid.
    Even adverse driving isn't likely valid as it requires a true unknown at the start of the trip. Normal traffic doesn't apply, even rush hour traffic.


    Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
    Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
     
  10. bryan21384

    bryan21384 Road Train Member

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    I'd say yes-ish. I'd also say you're working way too hard. If you have to use adverse conditions or personal conveyance too much, you gotta figure out a way to get better with your time. You have to be ok with sleeping in your truck sometimes. Using those too much can look a bit suspect either to your company, DOT, or both.
     
  11. Another Canadian driver

    Another Canadian driver Road Train Member

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    You are correct. Since he is is company, there are no exceptions.
    But if you are an O/O with your own authority, the personal conveyance could be used to move an empty equipment back HOME.
    No terminal move mentioned.
     
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