What would you do

Good idea. If the driver didn't put himself in the sleeper right away he can attempt to have his company edit his e-logs, and/or edit his waiting time to be sleeper time. I would call the company number for correcting logs. If they won't answer and you can't text them, send a Qualcomm message and then put a remark in the E-log indicating the edit, but only if careful recollection leads to remembering that his time at the customer was spent in the sleeper. You don't want to lie, or admit to a lie. Whatever he does he should "correct" his logs BEFORE leaving. While he cannot trespass on the customer property just because he's in violation, he can add the remarks indicating why he is being coerced into violating his 14 hour clock to find a parking 'safe haven'.

Once you go into HOS violation, you cannot do an 8 hour split-break, only a 10 hour break will be allowed.

 

Now if only you had the power to ban him from driving a CMV, the world would be a better place.

 

@MACK E-6

First someone dropped a trailer too low for him to get under, now you are hitting him with the ban? How much can one guy take?

 

Ironically, the event happened just 24 hours directly before the FMCSA dropped flexibility for using personal conveyance in situations just like this. The original poster blew a major gasket and lost his membership to the #1 best trucking forum on the internet, all for the want of 24 hours to a viable solution.

 

Logging out and then moving is a much more serious e-log violation than running past your 11 or 14 hour clock. It will be obvious to anyone looking at his records who was driving but it will indicate a clearly dishonest attempt to falsify his log. IMO.

I've run over my 11 & 14 a few times. Unless you go over by several or many hours it's not likely to generate anything but a warning if it's infrequent and there is no accident. A lot of new drivers think their e-log generates a FMCSA airstrike for a HOS violation. Of course, companies have different levels of tolerance and there are different levels of violation.

I wish I could find the link someone posted from OverDrive where a FMCSA expert gave instructions on how drivers can report being coerced by customers to violate the HOS by kicking out of hour drivers off property. The goal of the reporting to FMCSA isn't to have them tell a customer to let you stay put today, but generate a record that could eventually have the FMCSA take some action against the worst of the worst customers (I'm not looking at Wal Mart).

 

Me personally, after 2 hours in dock I'm going inside and saying" I'm leaving in 15minutes regardless of what's in trailer, you can have my ICC bumper as a parting gift"

 

Contrary to popular belief life does go on after that 11 hour or that 14 hour clock has elapsed. I can't count the times I have busted my 14 hour clock. Log the violation and the reasons why. Don't make a habit of doing it and nothing at all will be said to you. I have had many safety audits where a safety man has looked at my (faults). these are the differences between what your logs say and what your records say. Every single time I was asked about busting that 14 hour clock I had put in the remarks why. The safety man said this is precisely what the FMCSA will want to see in a compliance audit. pssss little secret here. The FMCSA knows that it is virtually impossible for a general common carrier running OTR not to have these busts. They do a calculation and as long as they stay below a set percentage of the drivers logs checked the FMCSA will overlook them. Some of the replies in these forums about DOT cops coming out from behind trees ready to beat a driver up once they bust a clock makes me want to laugh. It don't work that way folks!

 

Guy was just having a bad day. Hope it was a temp ban.

 

Just imagine how he will react when something serious actually happens.