Oh what fun! Elogs

Actually, I did... and stated exactly that I was in the middle of traffic caused by a fatal accident, and that the authorities had closed the highway. That would be considered an "emergency condition" I believe.

 

Ohhh....where's Dieselbear when you need him?

 

No, you didn't...

You may have alluded to that since your error (of ommission) was explained, but to suggest that is what you were saying from the beginning is disingenuous.

There is no rule allowing a driver to drive beyond the 14th hour. Common sense says you cannot park on the road if your 14-hour clock expires, but there is still no rule reflecting that.

 

That's post no. 122 of the series, which you responded to directly afterword.

'Nuff said.

 

Again, you're being disingenuous. You made many references to the definition of "adverse driving conditions", but made no mention of "emergency conditions" which, while expressly addressed in 395.1 (2):

"Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency."​

the FMCSA does not define "emergency conditions" in 395.2.

I would suggest the scenario you are presenting would not meet any such test. I expect that an "emergency" would only apply if it was medical condition or something similar affecting either you, or your passennger/co-driver personally, or if you were perhaps transporting transplant organs or something similar of a dire nature. Needing to get 32 pallets of Frito-Lays to the customer or you'll lose the account won't qualify. Nor will missing your wedding or your mother's funeral.

 

writing citations.

 

I'm sorry you think I'm being argumentative - I'm not. I did stick "14" in there - that is a mistake.

However... you don't park a semi in the center lane of an interstate in the aftermath of a traffic tie-up from a fatal collision just because. And you certainly don't park it on an off-ramp with a 2' shoulder, nor do you park it on a two-lane secondary with no shoulder and 2' deep drainage ditches on either side of the non-existant shoulder. Lack of 14 or not. You don't carve out a semi-parking area from a 5-car parking lot in a small business, nor do you park it on someone's front lawn.

The provisions for continuing in 395 are there to get you to someplace safe, not to drive willy-nilly wherever you'd like to be. You can argue this until the cows come home - but when you're in the situation (unforseen and unusual - that keeps you over the 11 or the 14) on the road, you do the best you can. You get to the first safe place you can park, and you shut it down.

And here's another thought... if you are unavoidably detained in traffic, etc - the sooner you notify dispatch the better off you are. I've had a couple of those circumstances come up in the last month - no service failure if you're up front about it.

 

I don't want to get in a "pissing contest" here, and the way I read this thread....there appears to be a game in semantics!

Pony....you don't have an additional 2 hours to use....you have UP TO 2 hours to use in order to find THE FIRST AVAILABLE SAFE HAVEN!

This example you cite....fatal accident and highway closed by LEO....does not qualify to "complete the run", only to achieve the first available safe haven....or in common talk.....the first legal place to park.


OK...balls in your court....fire away!

 

That happened to be the bull pen of the receiver I was headed to - yeah, I was that close, and no there wasn't a place between the accident and the bull pen I could have used. And yeah... I agree its the first safe haven. See my previous post.

What's YOUR view on this Otter? You're stuck in something like a traffic jam from the road being shut down by authorities - meanwhile your 14 (but not your 11) expires in the middle of the highway. When you can move, do you...

a) Continue to sit in the middle of the highway after it's reopened, flipping off the police, and standing on the regs?

b) Move to a highly dangerous but close place to park - say the narrow shoulder of said highway?

c) To the NEAREST truckstop, business with a large parking lot (Walmart for instance) or rest area?

 

Well GEEEEEEEEEEEE......

I will choose door number 3.....OH those are letters..........ok 'C'!

Now if your point of destination is actually before a legal, safe place to park...then the destination would work....otherwise the NEAREST (FIRST) LEGAL SAFE PLACE TO PARK


Personally....I would be hoping it would be a cat house, or dirty book store.....just to embarrass the company!