Safe Haven versus Adverse Conditions - a refresher.

Safe Haven RuleExplained
Jul 18 • Laws,New Driver, Regulations, Resources• 48 Views • 1 Comment
The FMCSA’s Safe Haven rule isperhaps one of the FMCSA’s most misunderstood and misquoted rules. Driversoften assume the rule applies to safe and available parking, but that’s notalways the case.
Safe Haven rules ONLY apply tocertain hazmat drivers. There is NO safe haven rule that allows non-hazmatdrivers to exceed hours of service. The term, safe haven, applies to parkinglocations for hazmat drivers.
The Safe Haven rule is FMCSAsection 397.5, ‘Attendance and surveillance of motor vehicles.’
What the rule covers (from FMCSA):
Division 1.1, 1.2, or 1.3(explosive) material must be attended at all times by its driver or a qualifiedrepresentative of the motor carrier that operates it.
The rule do not apply to a motor vehicle which contains Division 1.1, 1.2,or 1.3 material if all the following conditions exist:
(1) The vehicle is located on theproperty of a motor carrier, on the property of a shipper or consignee of theexplosives, in a safe haven, or, in the case of a vehicle containing 50 poundsor less of a Division 1.1, 1.2, or 1.3 material, on a construction or surveysite; and
(2) The lawful bailee of theexplosives is aware of the nature of the explosives the vehicle contains andhas been instructed in the procedures which must be followed in emergencies;and
(3) The vehicle is within thebailee’s unobstructed field of view or is located in a safe haven.
(c) A motor vehicle which containshazardous materials other than Division 1.1, 1.2, or 1.3, materials, and whichis located on a public street or highway, or the shoulder of a public highway,must be attended by its driver. However, the vehicle need not be attended whileits driver is performing duties which are incident and necessary to thedriver’s duties as the operator of the vehicle.
(d) For purposes of this section—
(1) A motor vehicle is attendedwhen the person in charge of the vehicle is on the vehicle, awake, and not in asleeper berth, or is within 100 feet of the vehicle and has it within his/herunobstructed field of view.
(2) A qualified representative of amotor carrier is a person who—
(i) Has been designated by thecarrier to attend the vehicle;
(ii) Is aware of the nature of thehazardous materials contained in the vehicle he/she attends
(iii) Has been instructed in theprocedures he/she must follow in emergencies; and
(iv) Is authorizedto move the vehicle and has the means and ability to do so.
(3) A safe haven is an area specifically approved in writing by local,State, or Federal governmental authorities for the parking of unattendedvehicles containing Division 1.1, 1.2, or 1.3 materials.
(e) The rules in this section donot relieve the driver from any obligation imposed by law relating to theplacing of warning devices when a motor vehicle is stopped on a public streetor highway.
Drivers often confuse the SafeHaven rule with the adverse conditions rule which applies to adverse weatherand catastrophic wreck or traffic conditions, when a trip that might have takenyou two hours on a regular day, may now take you four, causing you to struggleto find safe parking or reach your destination within your allowable drivinghours.
Fortunately, the FMCSA has createdan exemption that drivers may use for unforeseen weather delays.
According to FMCSA,“If unexpected adverse driving conditions slow you down, youmay drive up to 2 extra hours to complete what could have been driven in normalconditions. This means you could drive for up to 13 hours, which is 2 hoursmore than allowed under normal conditions. Adverse driving conditionsmean things that you did not know about when you started your run, like snow,fog, or a shut-down of traffic due to a crash. Adverse driving conditionsdo not include sit­uations that you should have known about, such as congestedtraffic during typical “rush hour” periods.
“Even though you maydrive 2 extra hours under this exception, you must not drive after the 14thconsecutive hour after coming on duty.”
Adverse DrivingConditions 395.1(b)(1)
In case of anyemergency, a driver may complete his/her run without being in violation of theprovisions of the regulations in this part, if such run reasonably could havebeen completed absent the emergency.
If the followingconditions apply, then you can drive for up to 2 additional hours ( 13 hourstotal, as long as you do not exceed your 14-hour rule. All Steps must be met-see step below.
1) You unexpectedlyrun into snow, sleet, fog or other bad weather or a highway covered with Snowor Ice or usual road or traffic condition
2)The person whodispatched your run was NOT and could not have been aware of those conditions
3) The run is onethat you could have normally complete in 11 hours and
4) You are able tocomplete the (extended) run without exceeding the 14 or 70-hour limits
YOU CAN NOT use theadverse driving conditions exception for delays that YOU should have knownabout, such as congested traffic during rush hour.
When you use thisexception, it’s a good idea to enter a note on your log indicting that you areusing the exception (found in 395.1(b)(1) and why.
Follow this link for FMCSA guidanceon the Safe Haven rule: http://www.fmcsa.dot.gov/regulations/title49/section/397.5?guidance