You run out of hours, not allowed to park on property for your 10

I was not able to ask personally as I was not part of the conference call with the FMCSA.
The question I submitted with the CHP officer in Sacramento was,
" can a driver who has emptied out at a customer use PC to leave even if they're
out of hours."
I wish I had clarified to where.
When he called me back the response was No , the FMCSA views returning to your terminal is part of that same trip (extension of )
Now you see why I wished I had clarified to a rest area or truck stop. So I asked him and he wasn't sure if that would make a difference.
I then asked if he got clarification on unladen but unfortunately he did not.
So I'll just reiterate what I got from the two scalemasters I spoke with and that is if your caught trying to claim PC while pulling trailer your getting popped.
What I gathered is that in their interpretation your tractor is landen with a trailer.
As opposed to your truck an trailer is empty so your unladen.
Which is why I suppose the co policy where I'm at is you can't even have a trailer assigned to your truck in the system.
If you at a tri/ stp doing a 34 you can't just drp your trlr and go. You have to call in and have. the trlr unassigned in the system.

 

Just because it my be a company policy doesn't mean it's legal.
I've worked for several large carriers over the years( 27yrs)I could fill two pages of bs that these carriers have tried to get me and many other driver to do under the guise of its legal and company policy. Lmao. Especially when it's comes to logbooks.

 

Sure, when you are on the phone, all sorts of craziness can be discussed. In only two years driving, I have heard LOTS of terrible ideas floated that weren't recorded. To be fair, those suggestions have always been retracted when I point out why they are problematic.

But Crete / Shaffer / Hunt has an entry for line 5 in the Qualcomm. We also discuss off duty driving over the Qualcomm. It's not shady, subjective, or confusing in any way. Line 5 driving is allowed, within specific guidelines, as I have described.

 

Just because you have line 5 on your Qualcomm umm nevermind good luck to and I hope you don't find out the hard way that just because a company says it is ok to do something that you can take it as gospel.

 

Please don't take this the wrong way, but I trust a company with thousands of trucks and 50+ years in the business to know what will and won't get their ##### sued off.

Documenting instructions about how to perform illegal actions is one of those things that a persecution lawyer will drool over.

In short, I trust Crete's experience and lawyers more than one guy who made a couple phone calls.

 

Forgive me, I did not read through the entire thread, but here are a couple of options:

1) Drive anyways until you get to a safe haven and log it as it happens, but be sure to take a full 10 hour break. Communicate to dispatch and let them know. I have done this, and got pulled into a scale house the next day. paper logs, and I logged it as it happened and explained it to the officer. He said okay and I did not receive a citation.

or

2) Contact the State Patrol, inform them of the situation, and ask them if you can get an escort to a safe haven. If you are carrying any HAZ, make sure you communicate this with them, and 99.9999% chance they will come out and give you an escort (if you have HAZ, maybe on the non-HAZ).

just my 2 copper

 

Make your own rolling safe haven simply by turning on your 4ways! Cruise around until you “feel” safe.

 

Sometimes it pays to read the comments. There has been back a forth regarding the term "safe haven". Some have said we all know what it really means, so don't get too technical. But seeing as you suggested calling DOT to get escorted to one, and that many drivers think that FMCSA regulations allow you to go to one, the only time the term "safe haven" is mentioned is with regards to hauling certain division 1 explosives. Specifically that you can not leave the vehicle unattended except at a place that is considered a "safe haven".

Seeing as you recommend calling DOT enforcement, perhaps you could get them to enforce the toothless coercion provision, which states that nobody, including shipper or receiver can coerce a driver to drive in violation of the hours of service.

 

I think that their majesties shipper and recievers have way too much say or power over the pheasent driving the 18 wheeler. Yes there are laws etc and they should be complied with.

However the ultimate solution to a shipper or reciever's problem is parking space. There might be a few acres for sale somewhere in the area zoned properly with which you can purchase and park the semi there. No one can tell you to move it at that point.

 

I have a few shippers who provide parking. Others, like AK Steel who allow you 1/2 hour before, and get the h e double hocket sticks off our property.

Believe it or not, hauling steel, there usually aren't the delays like there are with other freight.