Am I abusing HOS exemptions too much?

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

  1. ZVar

    ZVar Road Train Member

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    Except there is no o/o exemption. Home IS the terminal at that point.
     
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  3. keebler13579

    keebler13579 Medium Load Member

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    The adverse conditions exception you used is to be used for weather delays or a bad traffic accident you didnt know about when you left. Sounds like the use here is wrong. Cant be used if you get held up by shipper/receiver
     
  4. Brandt

    Brandt Road Train Member

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    My understanding is you can't use personal conveyance to go from delivery to home or from home to shipper or delivery. It's home to terminal or terminal to home is ok.
     
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  5. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    In my opinion, nothing your doing is legal. You cant use PC or Adverse Conditions for those things you mentioned.
     
  6. Wasted Thyme

    Wasted Thyme Road Train Member

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    Illegal. Plus you should have used split sleeper at the shipper.
     
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  7. Old Man

    Old Man Road Train Member

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    Get in a accident and hurt someone the lawyers will BBQ your ##*.
     
  8. drvrtech77

    drvrtech77 Road Train Member

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    I would cease immediately doing what you’re doing..like many have stated it’s not legal what you’re doing… and if anything should happen to occur while in route any incident of any kind you can bet your bottom dollar your company is going to sit there and play The I don’t know what he was doing game and throw you under the bus and hang you out to dry…
     
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  9. Six9GS

    Six9GS Road Train Member

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    I agree with the others regarding using Adverse Conditions exception incorrectly. As mentioned, they are for unexpected things happening beyond a drivers control or ability to plan for. Weather and traffic are the 2 conditions I'm aware of where Adverse Conditions can be correctly applied. But, it has to be beyond what can be planned for. If you are driving in an urban environment and it is usual that traffic is slow because of congestion, you can't use that for Adverse conditions. However, you get stuck in traffic due to an accident and traffic is stopped for a couple of hours because of it and you're basically stuck and had no reasonable way to plan for that, it is an Adverse Condition and why the exemption exists in the first place.
    You can't use Adverse Conditions simply for convenience or to meet a delivery/pick-up appointment. You may get away with it, but if something happens, as mentioned, it could really bite you in the rear-end.
     
  10. wis bang

    wis bang Road Train Member

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    PC can't be used to make progress towards terminal/home base -or- onward towards the next shipment.

    It is intended to allow off route movement to safe parking and lodging.

    Adverse conditions 'Unforeseen at time of dispatch' does not include how OP is using it. 49 CFR 395.2 has a clear definition which includes a prohibition of such practices.

    Either splitting sleeper or modification of the company to company practices [additional trailer pre-loaded for any returns and the receiver off loads the incoming goods] would allow this to be run legally.

    This sounds like private cartage and the company may not understand the HOS regulations -or- care.

    BUT their insurance just might.

    Willful violation of the HOS regulations discovered during a catastrophic incident [massive pile up, fatality, etc.] could trigger an insurance CYA clause allowing them to deny coverage leaving the company [and OP] holding the bag.

    OP risks loosing the only 'free' legal defense that most drivers enjoy as a provision of the company's insurance coverage.

    In over 20 years as a safety director I have seen 6 fatalities and can honestly say 5 were 100% not the drivers fault and each of those 5 can say they never expected what occurred and was truly relieved and impressed by the legal protection they experienced.

    OP needs to re-work these trips.
     
    Last edited: Aug 7, 2022
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  11. abyliks

    abyliks Road Train Member

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    you cannot PC to/from where you start/end your day, if he were to take the truck home from the yard once in a while to clean or such he could, but returning from a dispatched load is a no no

    adverse conditions pretty much applies to a snow storm in July or the ocean flooding the highway in Arizona from what I remember being told…

    is this an every day trip? If you are only doing it once in a while you are allowed to run paper for 7 days if you go outside the. 150 air miles within a 30 day period
     
    Last edited: Aug 7, 2022
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