rest

Fatigued is right. But their arguement is that I was to be sleeping on the break just after I got up.

 

But if they told you to leave the truck and go off duty we have determined that off duty has nothing to do with rest or sleep . You were relieved of responsibility for 12 hours .

 

I know. But the intent of the HOS enacted post 2003 is to keep the driver on a circadian clock pattern. Not for stupid runs like this.

 

absolutely correct re casino & wife

And I know the rule well. I was a part of the team that re-wrote 395 in 2000 and 2001 for the 2002 start

 

Exactly, thank you for getting that 8 hours rest

 

I read the below however that if you drive a vehicle without sleep you know your your likely to become impaired through fatigue so there is where the attorneys/DOT could hang you in the court of law.
Most likely it would only be an issue due to a death or lawsuit situations I would think.


392.3 No driver shall operate a motor vehicle, and a commercial motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.


Again that's how I read it, I could be wrong.
PSAnderson am I reading it wrong? Here is where my heads at in the above statement.
If a driver is in an accident and someone is killed/injured and it goes to a lawsuit or vehicle manslaughter charges and the attorney's proves the driver hasn't gotten any sleep in 2 days and he will say you violated 392.3 by knowingly driving the truck that would later cause you fatigue because you did not sleep any.
Could that happen?

Also personal: What state was you a DOT officer ? I was thinking Illinois but wasn't sure if you moved since you retired

 

One of those rules that is only enforced after the fact, ie after an accident investigation.

Mark

 

Call the company up and tell them you are sick, or fatigued.

See what they really say. I already know.

 

Depends on which company you drive for.

Mark

 

FEDERAL not state

From what I have seen of these accident attorneys they usually lay it on i.e. 392.3 (driving while ill/fatigued). This usually accompanies 395.3. Sometimes they try to fit in some 355.25. As well they will make an attempt to tie in 356.1 through 13 and tie it in with 23 CFR 658.19. without question they attempt to show 390.11 & 13 if not all of 391. Depositions usually get hit with 391 stuff really hard..........pity the poor safety director that goes through that. 396 stuff too. OH........discovery motions: every document relating to all the above. I have seen Safety Director depositions last 4 days, depending on the lawyers. And we haven't even begun if there was haz mat involved!

About 10 or 12 years ago there was a fatal in PA. The driver of a flatbed was rear-ended by a drunk on I-79 by where the Pirates play ball. I was subpoenaed as a federal officer. for the trial........well one of us were & I got hooked. The case was filed in Federal Dist. for Western PA. The safety director told me the attorneys for the plaintiff had him for 8-days in depo's. What a nightmare. How could that guy remember what he said yesterday let alone 4 or 5 days previous. The trucking company lost something like $55 million because the jury said the driver should have known there would be drunks on the road at that time & the truck shouldn't have been there.......same old story......if it wasn't there it couldn't happen.........what a joke that was. But then what can you expect from a place that isn't even a state but merely a commonwealth?