log violation - accident/traffic

Discussion in 'Questions From New Drivers' started by eprobe, Jan 5, 2014.

  1. eprobe

    eprobe Bobtail Member

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    Dec 1, 2007
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    I shuttle loads from Salt Lake City through Wyoming and swap with a driver who takes them to Denver. On the way back night before last there was a fatal accident at the mouth of Spanish Fork Canyon. We were stuck behind it for five hours while the DOT investigated and cleared it. There was no place to turn around and there was no shoulder. Violated my 14 hours limit by about 2.5 hours.

    My elog let me know what a bad person I was when I moved my truck to the nearest safe spot, about 8 miles away. But I don't think the bears would have tolerated me parking it in the middle of U.S. 6 while my hours came back, and there was nothing closer. So when my company picks up on the violation, which section of the FMCSR do I cite? Thanks!
     
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  3. joseph1135

    joseph1135 Papa Murphy

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    The Highway To Hell.
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    Your safety manager has this one. Lol
     
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  4. Cranky Yankee

    Cranky Yankee Cranky old ######

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    Green Bay Wi
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    safety just notes a traffic back up
    Dot will look at it during an audit
    cluck their tongue and move on
    if you showed a traffic incident weekly
    then it becomes problematic
     
  5. tow614

    tow614 Road Train Member

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    This is where the safe haven exemption comes into play and your safety department will take care of it. Be sure to add a notation of the times and location of the accident.

    You are ok....

    They knew these situations would come up and have ways to handle them...
     
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  6. TwinStickPeterbilt

    TwinStickPeterbilt Heavy Load Member

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    When I saw the title of this I was thinking "just get some scissors and cut up your CDL now you won't use it anymore". But yeah just note safe haven and the times and place and go on. DOT won't say a word.
     
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  7. Roadmedic

    Roadmedic Road Train Member

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    Safe haven is for explosives.

    Adverse driving conditions applies here, but exceeded the amount since it only allows another 2 hours.

    However, since the OP leaves and returns to the same location each day, then once a week there can be a 16 hour day with no problem.
     
  8. Tonythetruckerdude

    Tonythetruckerdude Crusty Deer Slayer

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    hunting...../ retired
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    Definition of a safe haven FMCSA 397.5:

    You are allowed to leave your vehicle unattended in a safe haven. A safe haven is an approved place for parking unattended vehicles loaded with explosives. Designation of authorized safe havens is usually made by local authorities.


    The OP's violation will stand....safe haven's are for explosives loads....ONLY...not a free ride for an accident due to bad weather......OP is OK as long as he hasn't used his 1 16 hour day for the week...but is still 1/2 hour over.
     
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  9. MACK E-6

    MACK E-6 Moderator Staff Member

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    Baltimore, MD
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    If it were paper I'd say just drop down to line 4 after the 16th hour, and just start the 10 hr break after shutting down. We're only talking about 8 miles here. Besides, as I understand the Fed Regs, They want you within an hour, as far as time accuracy is concerned.

    I wouldn't worry about it.
     
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  10. Wooly Rhino

    Wooly Rhino Road Train Member

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    Liberty, Missouri
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    Personally, I would have logged out of the truck and driven back with my E logs not showing a driver. That is if you were not tired from being in the traffic delay.

    Regulations are not written to cover every possible occurrence. At some point you as the driver have to make your own calls. HOS regs are to protect the driver from companies that want the driver to work himself to death. They all would if they could. You say you drove on in anyway so you are not really concerned about the rules. You just want to know how to get away with it. Just log out of the e-logs. For all DOT knows the truck was towed in to the yard.
     
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  11. Raezzor

    Raezzor Quis custodiet ipsos custodes?

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    Columbus, OH
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    Like others have said just note the location and reason in remarks. If the DOT spot it they most likely won't cite you or the company for it. If they do you have a good leg to stand on in court as long as you have supporting documentation that you were indeed held up in an accident.
     
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