Silly HOS question

Assuming eLogs, it depends on the company how they apply their warnings system and implement their eLog system. My company, anything under 12 minutes they will let go. 13 to 29 minutes you will have to offer an explanation. Maybe they can/will fix it, maybe not. Anything over 30 minutes it's a warning and you're only allowed x number of warnings in x number of months before automatic termination.

They can "fix" a lot of things if they choose too, but only up to a point and only in reasonable scenarios by otherwise trusted drivers.

 

So Stexan,your saying a company can "fix" or in other words "alter" your e-log ?

 

Not exactly. Rain in a forecast, doesn't preclude a torrential down pour, that couldn't be predicted, or Fog, or many other unpredicted phenomenon. The same could be said for construction. There could be factors impossible to predict. Traffic is another. Yes, if you're going through just about any major city at rush hour, you should be able to predict that, but traffic routed onto your route, due to say, an accident on an adjacent route being directed into your path, cannot be predicted, or say an athletic event letting out.....are circumstances beyond our control or ability to be predicted. We can't be expected to check to see if the braves have a game on a Thursday night, for instance.

 

I can edit all of my duty status lines except for the driving line and my DM can alter my drive line up to 1 hour.

 

dont all logs have to be filled out and certified by the driver ? How can a DM be allowed to change logs entered..I never been on elogs is why I ask.

 

Here is the exact text of this exception:

(b) Driving conditions -(1)Adverse driving conditions. Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§395.3(a) or 395.5(a) to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.

And here is the exact definition:

Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.


The tricky part here is how you interpret all of this. One could argue that a football game letting out during football season does not constitute "unusual" traffic conditions, and could issue you a citation based on that alone. Also, a football game letting out is something that COULD have been determined before the run was dispatched or begun, and therefore does not qualify under this rule.

Construction also does not apply because you can plan ahead for that, since major construction projects, delays, and closures are public knowledge. Torrential rains and such also may or may not be considered unusual since the weather forecast is readily available. Also, an officer could easily state that even snow or ice covered roads don't qualify when it comes to these big winter storms we've been having, since the public has been warned for days that things would get nasty.

This regulation is worded in JUST the right way to basically make it possible for an officer to say that to should've planned better. It also allows them to let you get away with saying that just about anything can be "unexpected" or "unusual". It pretty much gives them the choice of whether or not you get a citation.

The only real way, in the strictest legal definition, for you to be 100% covered under this regulation. Is if it's the middle of July and a snowstorm spontaneously forms over Phoenix, AZ that no one could predict. Then you're covered. Otherwise, if the officer wants to give you a violation, you're SOL. So be nice and polite LOL.

 

A DM can alter it but no one except for the driver can approve the logs. On the Qualcomm there is a tab that you go to approve your logs and every duty status change up to, but not including your current status, is shown there for you to approve them.

 

Well why would a DM ever need to alter a drivers log anyway ? To harrass,opps,I mean increase productivity..It really seams like "puppet strings" to me..

 

A fellow driver I know was once running really close on his 14hr clock and he was 20 miles from the nearest place to park so his DM edited his logs to give him 1 more hour of drive time.

The only time I've heard of DM's altering logs is to help drivers out.

 

This is where the FMCSA will need to do some work if they ever intend to have EOBRs in all trucks. The HOS regulations are not in place so some DM can falsify them for a matter of convenience. Doing so is a criminal offense!

I know at Walmart Transportation, if any of our drivers go even 1 minute over the 11 hour/14 hour/70 hour/8 hour 30 minute break requirement and you are on the drive line, you will be written up by the safety department. Do this a few times and you will not be working here! This is why the CSA score Walmart Transportation has for HOS compliance currently sits at 0.6%, which is lower than any company!