The FMCSA guidance on this rule states only UNLADEN and not under dispatch. It further notes that an empty trailer only disqualifies you from using this rule if the trailer itself is actually the cargo. So it doesn't matter if you are empty or bobtail unless the trailer itself is actually the cargo being delivered.
Driving over 11 hours?
Discussion in 'Questions From New Drivers' started by Thull, Dec 28, 2016.
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Lepton1 Thanks this.
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You have no dispatch and your trailer is not 'laden'. You go home using personal conveyance.
The next day your dispatcher assigns a load to you picking up right in your hometown.
Is that ok under the guidance? -
Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?
Guidance:
a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.
I bolded the relevant section. Now as for the original post, running pc from the unloader to a truck stop is NOT pc. pc is only 2 instances. 1 is going to/from a restaurant and lodginigns and 2 is going home from the terminal. Note it does not say going home from last drop either... -
Which is why I prefaced my question as:
He/she asks the dispatcher not to dispatch the load on him/her until that night or next morning. He then drives home (50 miles) using PC. No time would come off his/her 70 hr clock. In effect, "advancing" his/her position.
The guidance doesn't specify how far away from the company terminal to the drivers home can be. Only that when the driver starts from "home" after using PC, he/she must start on duty.
Correct? -
Last edited: Feb 23, 2017
not4hire Thanks this. -
According to FMCSA, “If unexpected 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 14th consecutive hour after coming on duty.”
Adverse Driving Conditions 395.1(b)(1)x1Heavy Thanks this. -
Winter is adverse. They should allow two extra months or suspend the daily limits lol.
Regarding dispatch from a location either home ternimal or home 50 miles away, my trailer was in home ternimal so bobtailed back there to get it then go get the load. That usually settled the log book as far as I am concerned.
One time I quit a company went off duty in such such a place and the following wed after orientation (Within 7 days with previous logs from previous company) I was dispatched from the new company's location several states over. No problem.
Where the trailer is is where it's time to go on duty under a dispatch after bobtailing to get to it from home etc or whereever you were off duty such as taking three days off in a nice hotel or something with the trailer in a truckstop under kingpin lock.
I understand the guidiance provided the trailer is empty and can be used as a personal, but because of how DOT behaves with common sense I prefer to strictly bobtail without it. I once was off duty in Jessup MD and came back on duty in Baltimore and we had the trailer with us after three days. I don't think anyone will be opening up a investigation as to what we did with the trailer. We chose to keep it on our 5th wheel for our time off in Maryland rather than risk leaving it into the TA at Jessup which is really busy and they need all the spots they can get. Not to mention the high potential for crime. We worked around the problem of the 18 wheeler roaming the area as a personal car by renting a enterprise rental car. And ran around in that with the entire rig stashed in a safe location and engine off. A little expensive but no one writes logbooks in a rental car free as a bird.Lepton1 Thanks this. -
Oh I understand only using it when bobtail to be safe. This game out here is definitely all about CYA.
x1Heavy Thanks this.
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