Consequences for First HOS Violation

Bobcat13 · May 13, 2019

So I screwed the pooch today

I haul tanker, and was going to a customer that I have been to multiple times before. The last couple times everything went right on the trip, and I was able to make it to a TA that is directly across the street from the customer. Surprisingly, this TA had ample amount of parking even later at night each time I was there.

This time was another one of those times, and I pulled into the TA with 15 minutes left on my clock when I went on-duty. I got fuel, and pulled around to look for a spot, and found the place chock full. After crawling around the lot for a bit hoping a spot would open up, I decided to go across the street to the customer, which they had ok’ed last time I was there when I asked them.

When I pulled out of the TA, my clock still read 15 minutes as our logbooks usually don’t pick up drive time until I maintain above 10mph or so, so I figured I had plenty of time to wheel over to the customer without getting a violation. As I pulled into the customer’s lot, my clock suddenly jumped from 15 minutes to -5 minutes, and gave me a violation.

My questions are:

1) Is driving around a truck stop considered drive time? Our safety manager has specifically stated that we are not allowed to use the “yard move” provision for fuel stops to drive while on-duty, only at shippers and receivers.

2) This is my first violation, and I am in good standing with the company otherwise. What kind of repercussions am I looking at?

Thank you in advance.

tinytim · May 13, 2019

Sounds like a learning experience. Every company is different but I imagine safety/logs might want to go over it with you. 5 minutes shouldn't be a big deal though.

Learn how your elog works. When we switched to them I got caught like that once. I didn't go over my time but it converted a bunch of what should have been on duty time to driving time. If you manually switched it to drive time for the drive across the road it probably wouldn't taken the time you were in the ts and changed it all to drive time.

Lots of different systems and lots of ways they can be setup though so I could be wrong. Safety/logs should be able to let you know how yours works.

Bobcat13 · May 13, 2019

tinytim said: ↑

Learn how your elog works. When we switched to them I got caught like that once. I didn't go over my time but it converted a bunch of what should have been on duty time to driving time. If you manually switched it to drive time for the drive across the road it probably wouldn't taken the time you were in the ts and changed it all to drive time.
Click to expand...

I thought of that, but unfortunately our elogs don’t allow manually changing to driving anymore, only automatic.

Powder Joints · May 13, 2019

Bobcat13 said: ↑

So I screwed the pooch today

I haul tanker, and was going to a customer that I have been to multiple times before. The last couple times everything went right on the trip, and I was able to make it to a TA that is directly across the street from the customer. Surprisingly, this TA had ample amount of parking even later at night each time I was there.

This time was another one of those times, and I pulled into the TA with 15 minutes left on my clock when I went on-duty. I got fuel, and pulled around to look for a spot, and found the place chock full. After crawling around the lot for a bit hoping a spot would open up, I decided to go across the street to the customer, which they had ok’ed last time I was there when I asked them.

When I pulled out of the TA, my clock still read 15 minutes as our logbooks usually don’t pick up drive time until I maintain above 10mph or so, so I figured I had plenty of time to wheel over to the customer without getting a violation. As I pulled into the customer’s lot, my clock suddenly jumped from 15 minutes to -5 minutes, and gave me a violation.

My questions are:

1) Is driving around a truck stop considered drive time? Our safety manager has specifically stated that we are not allowed to use the “yard move” provision for fuel stops to drive while on-duty, only at shippers and receivers.

2) This is my first violation, and I am in good standing with the company otherwise. What kind of repercussions am I looking at?

Thank you in advance.
Click to expand...

Should not be any, just explain you were doing a move around the truckstop, you should be able to add a note to the logging software indicating the same. Just depends on how the software is setup by your safety guy, and the company. When I was working for Whole Foods I would run from tucson back up to the pilot in eloy az like 35 miles away, When I worked for Valley Bulk he came unglued for moving the truck at all, so just depends on the comapny.

kemosabi49 · May 13, 2019

Bobcat13 said: ↑

So I screwed the pooch today

I haul tanker, and was going to a customer that I have been to multiple times before. The last couple times everything went right on the trip, and I was able to make it to a TA that is directly across the street from the customer. Surprisingly, this TA had ample amount of parking even later at night each time I was there.

This time was another one of those times, and I pulled into the TA with 15 minutes left on my clock when I went on-duty. I got fuel, and pulled around to look for a spot, and found the place chock full. After crawling around the lot for a bit hoping a spot would open up, I decided to go across the street to the customer, which they had ok’ed last time I was there when I asked them.

When I pulled out of the TA, my clock still read 15 minutes as our logbooks usually don’t pick up drive time until I maintain above 10mph or so, so I figured I had plenty of time to wheel over to the customer without getting a violation. As I pulled into the customer’s lot, my clock suddenly jumped from 15 minutes to -5 minutes, and gave me a violation.

My questions are:

1) Is driving around a truck stop considered drive time? Our safety manager has specifically stated that we are not allowed to use the “yard move” provision for fuel stops to drive while on-duty, only at shippers and receivers.

2) This is my first violation, and I am in good standing with the company otherwise. What kind of repercussions am I looking at?

Thank you in advance.
Click to expand...

Just tell them what happened. You'll be ok. You are not the first one they will have seen do this. Won't be the last either.

gentleroger · May 13, 2019

For aobr there is a drive threshold that can be set. Once a driver hits that threshold - 1/2 mile/35 mph/whatever - the aobr will switch to the driveline from the FIRST movement .

For example:

Driver turns on truck @ 1400

Driver releases brakes @ 1405

Driver pulls out of his parking spot @1410

Driver waits for (insert whichever mega you hate) to back into a spot

Driver finally pulls out of the truck stop and hits the threshold at 1430.

Log puts driver on line 3 as of 1410.

Now if the driver had cycled the ignition at any point, it would have reset where the drive line would start. Its why you ALWAYS shut the truck off at the guard shack.

Mark Falcone · May 13, 2019

Bobcat13 said: ↑

So I screwed the pooch today

I haul tanker, and was going to a customer that I have been to multiple times before. The last couple times everything went right on the trip, and I was able to make it to a TA that is directly across the street from the customer. Surprisingly, this TA had ample amount of parking even later at night each time I was there.

This time was another one of those times, and I pulled into the TA with 15 minutes left on my clock when I went on-duty. I got fuel, and pulled around to look for a spot, and found the place chock full. After crawling around the lot for a bit hoping a spot would open up, I decided to go across the street to the customer, which they had ok’ed last time I was there when I asked them.

When I pulled out of the TA, my clock still read 15 minutes as our logbooks usually don’t pick up drive time until I maintain above 10mph or so, so I figured I had plenty of time to wheel over to the customer without getting a violation. As I pulled into the customer’s lot, my clock suddenly jumped from 15 minutes to -5 minutes, and gave me a violation.

My questions are:

1) Is driving around a truck stop considered drive time? Our safety manager has specifically stated that we are not allowed to use the “yard move” provision for fuel stops to drive while on-duty, only at shippers and receivers.

2) This is my first violation, and I am in good standing with the company otherwise. What kind of repercussions am I looking at?

Thank you in advance.
Click to expand...

You could've used "Personal Conveyance". You would've been perfectly legal. You can even use it if your ran down on your 14 in the negative.

ZVar · May 13, 2019

Mark Falcone said: ↑

You could've used "Personal Conveyance". You would've been perfectly legal. You can even use it if your ran down on your 14 in the negative.
Click to expand...

In what scenario?
Answer 3 would be the closest, but it's not legal in this situation. One simply cannot go PC to go to the delivery location.

And if you are going to quote the safe location rule, that specifies going from a shipper/receiver, that has no parking. Not going to one.

Mark Falcone · May 13, 2019

ZVar said: ↑

In what scenario?
Answer 3 would be the closest, but it's not legal in this situation. One simply cannot go PC to go to the delivery location.

And if you are going to quote the safe location rule, that specifies going from a shipper/receiver, that has no parking. Not going to one.
Click to expand...

It depends was he loaded or not loaded? If he was loaded then your right. I was under the assumption he was empty.

Mark Falcone · May 13, 2019

You would've never went negative if you would've waited an extra 5 minutes before you moved again to clear the last move on the ELD

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