HOS LOG VIOLATIONS

You pull over at the nearest parking spot. I understood you just fine. You can't continue to your original destination.

 

How can you pull over to a parking spot if you are stuck on a highway not moving bumper to bumper? Pull off on the shoulder? I'm sure this scenario is not common but i'm still curious.

 

Use your freaking head. When you can move find a place to park. That simple.

 

I've had to do that a couple times in 7 years. Bad wreck up ahead and estimated several hours to cleanup. Clock showing 1 hour then 45 minutes, then getting down to 5 minutes left, ease over to the shoulder and shut down. Hours later when time to go, trapped in by 14 other trucks also pulled over.

 

Adverse driving conditions exception.

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers Guide to HOS 2015_508.pdf

This will not work if is normal rush hour gridlock though. That you should plan for.

 

An unexpected delay due to weather or traffic on a load that you could have reasonably started AND FINISHED within one 11 hour period, you are permitted up to two hours of additional drive time. Not the safe haven provision, it's something else and I don't have it in front of me.

... thanks internet:

“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, and you must comply with the minimum 30-minute rest break provisions.”

If you do use this exemption, be sure and record in your log, along with a notation describing the circumstances. Also include the FMCSA ruling number for reference: 395.1(b)(1).

 

Question 5: How may a driver utilize the adverse driving conditions exception or the emergency conditions exception as found in §395.1(b), to preclude an hours of service violation?

Guidance:

An absolute prerequisite for any such claim must be that the trip involved is one which could normally and reasonably have been completed without a violation and that the unforeseen event occurred after the driver began the trip.

Drivers who are dispatched after the motor carrier has been notified or should have known of adverse driving conditions are not eligible for the two hours additional driving time provided for under §395.1(b), adverse driving conditions. The term “in any emergency” shall not be construed as encompassing such situations as a driver’s desire to get home, shippers’ demands, market declines, shortage of drivers, or mechanical failures.

 

All those that say company log violations that "aren't a problem," are correct, as of this time of year when they need you. When they don't need you, when freight slows down after Christmas, they will add all those "safety violations" up and let you go. It is kind of like laying you off, only now since they built up a database of "safety violations" over the course of the year they are firing you for just cause and they don't have to pay your unemployment.

 

You best get the "forced" to do anything attitude out of your head. That is not how any DOT officer sees it. Your company will only see it that way when it is to their benefit. When it is not, they will find a way to see you are responsible.

When you are stuck at a shipper, or have to get a load reworked at a shipper it is indeed somebody's fault. It is most likely yours as a driver. You can try to blame someone else, but when it comes to paying the ticket, getting fired, or any other consequences your the first and only one that will be held responsible.

 

I was reading some of the comments in this thread and actually started laughing. Sometime drivers get so caught up in HOS violations they start seeing DOT officers behind every tree. An HOS violation is NOT A MAJOR crime. It can be if you do something stupid while in a HOS violation however. I have had green drivers call me on my cell phone asking me what to do because they are about to bust their 14. The first word out of my mouth has always been relax. Log the violation and get to a safe place to park ASAP then call your safety dept and tell them why this happened. You will NOT lose your job over this. When I was driving I busted my 14 several times a year. It is what it is. I logged it with a corresponding explanation in the comments. I have never used elogs so I do not know how to do this. However relax take a deep breath and have a coke or pepsi. make a phone call or QC message. As a driver it is ON YOU to try to keep this from happening if you can. I was at a Walmart DC and went in there knowing I was getting close to my 14. I told the girl in the traffic office I could drop the trailer and come back for my bills. I never ranted but I did let her know I had a limited time. With about 30 minutes left I was pulling out of the place.