HOS and adverse condition rule question

If you have a Qualcomm, you find the PC button on the Off Duty screen

 

No such thing as a safe haven in relation to HOS. Bad advice.
There is no legal way to log that move. PC only allows to a reasonable safe location. That's the receiver at this point.

Again there is no legal way to leave once out of hours unless the shipper/receiver kicks him out.

 

If you are using an e-logs, and your company may call it AOBRD or some other non-paper type of logbook Off-Duty (Personal Conveyance or PC) is an option the company may ALLOW. They are not REQUIRED to offer ODPC as an option but most companies do.

On your e-log device go the the lpace where you can choose to change your duty status (off-duty, sleeper, driving, on-duty, etc). Look around for the Off-Duty (PC) option. On my e-log at my company I have to have the truck idling for several minutes before Off-Duty (PC) even shows up as an option.

I would stay On-Duty while at the customer. When the customer is finished and you are empty, switch from On-Duty to Of-Duty (PC) and use that to drive to the truck stop for safe haven parking.

My company has specific rules about how and when to use ODPC. Make sure you talk to your dispatcher about those rules and do it whatever wah the company wants it done. For example, I must alwasy enter a remark explaining why ad where I am using ODPC. Once I get to where I can safely park, my company requires I change from Off-Duty (PC) to Off-Duty and that is when my legal break begins. That is not in the regs. But you not only must be legal you must keep your company happy.

 

Oh, one more thing op. Your original question about Adverse Conditions.
You would not qualify for a couple reasons. The main thing is it allows on to break HOS to get to a parking spot. HOS doesn't care the least about appointments.
You got delayed in Birmingham, if you had run out of time in the delay and then stopped at the Pilot between Birmingham and Athens, or the first truck stop for that matter, it likely would have counted.
Another reason it would not work in your situation is it specifics to adding two hours to 395.3(a), which is the 11 and 14 hour clocks. Still cannot break the 70 hour clock.

 

So you say he shoud stay at the receiver for 34h? I call it a bs.
Personal conveyance allows you to drive a truck to get food or rest, you don’t need to be in danger or kicked out to use it.

 

That's different than going to a truck stop though. He can go for food, but the guidance only states to a restaurant from en route lodging. The en route lodging would be the shipper.

He might get away with calling the truck stop a restaurant, he might not. Either way it's really up to the courts and LEO. Not something I would suggest trying on one's litteral first week on the job.

 

I'm not sure what has changed, but it used to be that you could NOT edit drive time. If you dont have PC on your Qualcomm, any driving you do will be permanently logged as such. Much better to log out of the system and beat feet (safely) to the nearest truck parking with limited amenities. (they're all fuel stops with parking these days, not truck stops)

 

PC allows for travel to restaurants, shopping, going to do laundry 34hr restart and rest breaks

 

Wrong!! seeking safe haven main purpose is to explain why your driving when out of hours. If the receiver says hey off my property. You must leave or your trespassing. So inless one can safely park on side of road (sitting duck) proceed to closest safe legal parking is only option (besides another driver or two truck)

 

Company policy does NOT over ride Dot rules. That said company can terminate you for not following thier policys.