Oh what fun! Elogs

Can I have a little more clarification? If you are driving and have six hours in for the day so far, and then you get hung up in heavy traffic that costs you 4 hours, does that mean you can extend your driving time another 3 hours which would take your time to 13 or do you have to shut down as soon as you are at a safe location, say to a place that may only be a 1 1/2 hour down the road for a total of 11 1/2 driving?

 

Nope. None of that is legal.

You have to be IN the unforseen circumstance at the time your 11 or 14 expires - and it has to be a circumstance that ocurred in a way that did not allow you to shut down early. In other words, if you hear on the radio that your route of travel is being impacted by a severe storm - you have the option of going to the nearest safe haven and waiting it out. If you happen to be in the middle of it, cannot continue, and then your time expires - you may continue using the unforseen circumstance provision.

You can't have reasonably known about the situation in advance.

You can't just be inconvenienced by traffic.

It has to be an UNUSUAL situation... heavy afternoon traffic isn't unusual.

It has to occur in a way that basically traps you in the circumstance, causing your 11/14 to expire in the middle of it.

 

What's the matter, you've had sex cut off for a while, or are you being purposely obtuse?

No one is disputing the definition of adverse driving conditions, which is all that 395.2 addresses... the definition.

The definition used in 395.2 is applied as such:

(bold & underline my emphasis)

The "Emergency conditions" provision would not apply.

So, regardless of the fact your company may have approved, both you and they are wrong for allowing you to drive beyond the 14th hour.

Unless you were in Alaska... which you weren't.

Another exception could be if you were stuck on the road at the time your 14-hour clock expired and had to remove your vehicle from the road to a safe haven which would be extenuation circumstances. You didn't give any such indication that was the case.

 

§ 395.1 Hours of service of drivers

(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2



"Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions..."

No need to be insulting lostNfound. I think you shouldn't lower yourself like that.

 

I'll go with obtuse.

There is no rule allowing a driver to drive beyond the 14th hour.

 

Thanks IP. Let's say that you are running up to DC on I95 from FL and get hung up in traffic due to an accident in VA. It happened to me 2 years ago on my bike they had traffic locked up for over 4 hours. A semi-truck overturned with watermelons on Memorial Day weekend. Would it then be acceptable to run that extra time? Forgive my ignorance on this subject, but you have to learn somewhere right?

 

That's exactly the kind of circumstance that qualifies. Then you've got two additional hours to deal with it... usually means go to the nearest place you can park, unless your destination is within that two hour window.

 

Except in an unforseen and unusual circumstance.

 

Rotten. Ironpony. You may not drive beyond your 14. Period.

Again, let me restate, directly from FMCSR:

You aren't arguing with me. You're arguing with FMCSA.

Nobody here has disputed the definition of Adverse driving conditions. I am not busting your chops. Yet. But please do not confuse our new people.

You may not extend the 14-Hour Rule unless you return to the same terminal at the end of every duty shift. We are OTR. The 16-Hour provision does not apply to us.

 

Post the rule that states that. In its entirety.



Or, you can just read my post #133, which does.


For whatever reason, you are being purposefully argumentative. You refuse to acknowledge that the rule is written pretty clear; a driver shall not drive, nor be permitted to drive beyond two extra hours nor beyond the 14th hour. Obviously if your 14-hour clock expires while still stuck in a traffic jam you cannot park your truck in the middle of the freeway. You did not cite that as an example, in fact, you stated it wasn't the case...