Covid hos warning

Discussion in 'Trucking Industry Regulations' started by pete159, Apr 20, 2021.

  1. Ridgeline

    Ridgeline Road Train Member

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    Maybe no one noticed this but pc isn’t a regulated activity.

    There is no FMCSA regulation, just an overview guidance and that’s it, so the states can determine what it allowed and what isn’t.

    don’t matter what you think, pc isn’t part of the exemption. The exemption is going beyond the regulated hos to move essential items.
     
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  3. snowwy

    snowwy Road Train Member

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    When did coffee become essential?

    Specially since there's plenty of it.
     
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  4. Trucker61016

    Trucker61016 Road Train Member

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    Makes one wonder how many drivers will get dinged during the 72 hour blitz because they've been using and abusing the exemption for over a year now......now it'll catch up to those drivers......its part of reason i never ran under covid-19 extended HOS, seemed an easy way to get a violation if you get the wrong DOT officer for an inspection.....
     
  5. ZVar

    ZVar Road Train Member

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    Since the feds suggest using pc for the 150 mile ag exemption, it's not a stretch to use pc for the covid exemption. What other options are there anyway? Log out of the ELD and have a bunch of red flags pop up in the way of miles driven without hours once the exempt run is over?
     
  6. Ridgeline

    Ridgeline Road Train Member

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    It is a stretch. eld isn’t an issue, it doesn’t stop the truck from running and what we do is just edit with explanation for these exempt runs.
     
  7. ZVar

    ZVar Road Train Member

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    So it's a stretch to use PC for one exemption, but not another? Ok.. That's some weird interpretation that likely no one else in the world will ever come up with.
     
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  8. Ridgeline

    Ridgeline Road Train Member

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    Ok I see ... both guidances make the suggestion of using “authorized personal use” on the logs. so you are right about it but the rub is with the emergency declaration and the op’s position that the use of pc is allowed under the exemption when it isn’t a qualified load.

    If one was to actually read the declaration and it’s extensions, it is clear that the exemption only applies to direct assistance for emergency relief efforts, not a regular or routine transportation of commodities for retail or processing.

    This means that emergency restocking of supplies for making, packaging or converting food stuff or the delivery of essential items like toilet paper to a retailer is covered under this declaration is allowed only when it is a direct assistance for relief.

    This does not mean routine or regular loads or even mixed loads are covered <<<< the declaration even states that in no uncertain terms.

    Right now there isn’t a need for emergency relief direct assistance anywhere I know, we are not in lock down in most of the country (except my stupid state), food and paper products are not flying off the shelves and being restocked routinely as they were not a year ago. With that we don’t have bottlenecks in distribution of essential items as we had even back in September of 2020.

    So circling back to the op ...

    The person you talked to is a typical fmcsa moron.

    They are wrong.

    Actually when you dissect the declaration, the shipper has the say on what is and isn’t a “covid load”. It is between the shipper and consignee where this determination comes from, not the state or FMCSA. If the consignee needs an essential product like toilet paper because there is a run on toilet paper tied with a covid response (local government declaring a state of emergency because of an outbreak) then that is a case where direct assistance for emergency relief is valid and the exemption is applied to HOS.

    Again to repeat the use of the exemption is to provide direct assistance for emergency relief, not to have a blanket exemption to cover every load that a truck hauls.

    So OP, the officer was correct in giving the warning.
     
  9. ZVar

    ZVar Road Train Member

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    Don't try and tell him he's wrong. He came here looking for agreement, not amswers. Your going to hurt his feelings. :)
     
  10. Ridgeline

    Ridgeline Road Train Member

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    OK! I’ll shut up now ...
     
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  11. Long FLD

    Long FLD Road Train Member

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    If you run under PC when using the exemption then your ELD still tracks your routing and miles for IFTA versus just unplugging it when you’re exempt.

    There are many things on the Ag commodity list linked above that are exempt under the Covid exemption depending on what it’s used for. One of the main things I haul is processed so normally it’s not ag exempt, but it’s used in livestock feed so it’s been exempt for a year. Without looking I can’t say how long it’s been since I’ve had any on duty time on my log.

    OP, since it’s a warning there’s not much you can do. But I’d print out the Covid exemption and carry it with you. The exemption goes to the end of May, and hopefully it will be extended again.
     
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  12. snowwy

    snowwy Road Train Member

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    I doubt there's going to be anymore extensions with the country opened back up.
     
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