Natural Disaster

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Hawkeye72, Sep 2, 2021.

  1. Hawkeye72

    Hawkeye72 Light Load Member

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    I saw a couple of post last night of flooded highways in New Jersey. Was a guy in a semi that that had been sitting for hours. And i was wondering.

    How is that logged if your stuck on a shutdown highway?Do you have to stay in driving, on duty, or can you switch to off/sleeper?

    What happens if you run out of hours?

    If the highway opens your going to have to move. Do you get a exception to find safe parking?

    What if you get a DOT inspection in the next 8 days? Will you be screwed for driving without hours?
     
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  3. Wasted Thyme

    Wasted Thyme Road Train Member

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    It's been well documented that the storm was coming. So no. You would not be able to move if you ran out of hours. You also should not even end up stuck on the side of the road. However, where you are safely parked. You should log the status that matches what you are doing.

    If by some odd event. There was a freak storm. That you ran into. That would be a different story. You would park somewhere safe. Log sleeper. Assuming you are in the truck. You'd get 2 hours to get to safe parking. If needed. But not to advance the load.
     
    Hawkeye72 Thanks this.
  4. p608

    p608 Road Train Member

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    Yes
     
  5. p608

    p608 Road Train Member

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    bull ####
     
  6. inandoutoftrouble

    inandoutoftrouble Road Train Member

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    @p608
    What is the correct answer?

    God bless every American and their families! God bless the U.S.A.!

    The absolute sheer driving force of our national economy - without truck drivers, our entire national economy would come to an absolute standstill - if not outright be dead.
    [​IMG]
    Over the mountains, through the woods, into the valleys, coast to coast, from sea to shining sea - truck drivers can and do go anywhere and everywhere, every day, every night, all year round.
     
  7. Wasted Thyme

    Wasted Thyme Road Train Member

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    Do enlighten us with what is incorrect and why.
     
  8. p608

    p608 Road Train Member

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    There are temporary exemptions made all the time, most recent that I recall was for the wild fires out west, and the gas haulers had an exemption when the pipeline got hacked, that's what makes the answer bull ####. Being fresh out of Stevens driving school does not make him an expert.
     
  9. Wasted Thyme

    Wasted Thyme Road Train Member

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    Those exemptions are for supplying relief. So if he was carrying a relief load. Part of my answer would be incorrect. However, the OP didn't ask that question. So my answer is still correct.
     
  10. p608

    p608 Road Train Member

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    No your answer is bull ####, what if they were evacuating because of weather, fire, earthquake, etc? what do you , pull over and take 10?
     
  11. ZVar

    ZVar Road Train Member

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    No, actually it's not bs. You have yet to prove anywhere there is an exception.

    To answer the op.
    1. It would be drive time. I don't agree with this, but it's in the guidance.
    2. There is the adverse driving exemption. It's likely valid as even though the storm was predicted the flooding of that road wasn't.

    Question 25: When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)? Guidance: Delays on impassable highways must be recorded as driving time because §395.2 defines “driving time” as all time spent at the driving controls of a Commercial Motor Vehicle CMV in operation.

    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.
     
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