FMCSA Issues Clarifying Regulatory Guidance for Personal Conveyance

Yea, McLane in Nicholasville, KY. Really bad place to deliver to.

 

Your scenerio is dumb, Maybe you should learn the buisness and the roles of the different players before you come at me scooter...

 

That brings up some extra load opportunities

 

I'm not on elogs, and the nature of my freight and my customers makes this a non-issue. I can park at virtually everyone of my shippers and receivers. Seeing as I have no dog in this fight, I can tell you my feelings regarding it because it does not affect me in the slightest.

While it seems convenient to allow a driver to get to a safe place to park, the way it is written, it is a free pass to shippers and receivers to kick somebody off their property, and make them violate HOS. Yes, some will say that shippers and receivers are private property, and they legally are not required to provide parking. I would say back, once a shipper or receiver allows you on their property, and due to their malfeasance , they burn up your 14 hour clock, but don't provide you with parking in order to get 8 hour sleeper, unless you came there with sufficient hours for them to unload or loadin a reasonable amount of and you to get out of Dodge, they are in violation of coercion if they force you to leave. Now with this change in guidance, they're now off the hook. Please don't mention trip planning. If I have an appointment, and I get there with 7 hours left on my 14, it is criminal that they can't get the truck in and out with at least 4 hours left, or allow me to stay an additional amount of time that I can get 8 hours sleeper berth.

But As I say, it doesn't apply to me because I have parking near my shippers and receivers.

 

Ditto. What this rule is good for, in my case, is getting to a place to park, legally, when USDA takes four hours to clear a load at the border, and you only had one left..... Technically, getting stuck at customs is not in the guidance, but I doubt even a DOT badge-heavy would argue it's not in the same spirit as being stuck at a shipper.

 

I found this video that can help those who need clarification

 

She lost me at "There is a new law....."

No no there is not.

 

True. The HOS are regs, although the general mandate to have ELDs is a law passed by Congress a few years ago.

Simple test, if an elected body of legislators passed it, it's law, if unelected bureaucrats passed it, it's regulations.

 

See, I thought he was talking about guidance vs. regulation and not regulation vs. law. Because let's face it, when one says law in regards to fmcsa I simply see it as shorthand for saying "The regulation xxx.x that was adopted into law by $state."

Guidance on the other had will (likely) never get adopted as law, and can be ignored or used at the discretion of the officer.

 

Just remember you are burning up your own time. If you have no problem with that, truck on. It's your 10. I see no problem with heading in the direction you are going. How do you know there isn't a safe place 5 miles up the road? And if you are in a safe place why would a cop move you? The only way you get screwed is if you are paid by the hour, and your employer won't go for it. By the mile it's the same difference. You just gained an extra hour or three off the clock. The dilemma will be on getting the right sleep time. Who determines that?