What happens if I go over 14 hours?

Not to hijack the thread but I had this happen on Sunday. Doing a 34 in Erie, PA before I deliver in Boston on Monday. I’ve never driven in NY, MA, or CT before so my paranoia sets in. I decided I better get the truck and trailer inspected, oil changed and PMed. They have time so with 13 hours left in my reset I hopped in the truck and drove it about 200’ into the shop. Hour later I’m killing time in the restaurant and open my ELD app and see I’m on duty. Blew that reset

 

It specifically says that you can use PC if you’re out of hours after a delay in unloading. He was at the facility with over 3 hours left.

 

I fully admit that others have different interpretations.

However that's what they are - interpretations as PC is not listed in 395.8. The interpretation says that the driver cannot bypass any safe, reasonable parking location and it must be the nearest. Had the OP been in an accident and I were the prosecuting attorney I would be looking for any way I could to invalidate the use of PC.

 

The odds of getting inspected in the next 8 days is very low. So I would not worry much about it. Don't fuel truck again on personal conveyance or go on duty to fuel if your using personal conveyance to first safe place to park. You can only drive to First Safe Place to park. If you really need fuel get it in the morning after reset.

I messed up a 34 hour rest because I forgot to put in Personal conveyance when I went to grocery store. My company said same thing. It can't be changed. The DOT are looking for bigger violations I would say or drivers that use personal conveyance to drive couple hundred miles. That's what some drivers did when ELDs first come out.

If you did get inspection they will see it's was a mistake probably not say anything. The fueling is not going to look good but still not. Remember it's Personal Conveyance to First Safe Place to Park. Not safe Haven.

I was in Chicago suburbs and run out of hours at grocery store DC. The first safe place to park was truck stop 5 miles was that charged $30 I think to park 10 hours. Company has to pay that parking fee. Ha ha

 

That’s exactly what he said he was doing. First place was full so he is allowed to continue on. The fueling while on PC is just silly. If you are legally on PC should he run out of fuel on the interstate because he couldn’t fuel. He was well within the spirit of the regs and that’s what they want. And any cop or DOT inspector worth his salt would take that explanation. I would hope of everything else was in order he would be ok. Obviously if he did this more than once during the 8 day inspection period then he would deserve a ticket

 

Someone else already had a really good idea. If you sat 2-3 hours unloading you should be able to edit that log to sleeper berth and that would pause the 14 hour clock. Then you legal to drive some more that day. They are looking for patterns of drivers doing PC a lot. So they will see you don't do it normally.

I remember hearing stories about drivers saying they unload in California and lived in Wisconsin or anything place. Since they hauled cattle they also go home empty and the would claim Personal Conveyance 2,000 miles driving back home.

 

I think the problem with doing a split is he sat for 1.5 hours then drove to his dock and sat for another 1.5 hours. He doesn’t have a 2+ hour block to change.

 

First of all, I wouldnt bet on LEO carring about the spirit of the law. More importantly I don't care about law enforcement- I care about what a prosecuting attorney is going to argue to the jury.

Moving a cmv in the direction of the next customer is moving for the benefit of the employer, which is contrary to the PC interpretation. And did he move to the first "reasonable place" or the first convient place? Was there a "reasonable place" that was closer, but in the "wrong" direction? Could he have reserved a spot earlier in the day?

As the prosecuting attorney I would be hammering his lack of planning - ran out of hours, ran out of fuel - and arguing that his judgement was impaired due to fatigue. Doesn't have to be true - I just need to get that argument in front of the jury.

And folks are free to do as they chose. For me, I don't think it's a good risk.

 

They’ll call in the army.

Public enemy #10 status.