§395.13 Drivers declared out of service

[GMAN]

It seems to me that it would be better to just keep your log current and then you would not need to test the law.

[Jackrabbit379]

How long does it take to get your pen out of your shirt pocket, and draw a couple lines.

[Windwalker]

Not only that, but why would I use a log keeping system that makes it EASIER for the DOT to see if I have a logging error? This is absolute lunacy!

From DDL website, instructions to DOT officers:

2. To open DDL Software, click on the icon on the desktop
3. To see a list of violations, click on the Violation icon located on the toolbar.
4. To see a recap of what the driver has done in the past 60/7 days or if the driver is a
70/8days, click on Details button located on the right side under Recap.
5. Violations will also show up in the “yellow” zone on the grid. “No Driving in the
Yellow”
6. A list stating the violation(s), section violated, and time/date violation began will be
listed in the remarks section.
7. You can see current up to the minute drivers information by clicking on Drivers Info
icon.
8. You may print any logs or details for a copy to attach to the citation.

Perhaps, you should try it yourself. There are some very real advantages to using a laptop to maintain your logs. For one thing, you don't get to pay a fine for a very simple mistake in addition. Makes hand-written logs seem like the STONE AGE.

[Musicman]

Perhaps, you should try it yourself. There are some very real advantages to using a laptop to maintain your logs. For one thing, you don't get to pay a fine for a very simple mistake in addition. Makes hand-written logs seem like the STONE AGE.

First, I don't make mistakes in addition. Second, as I have said already, I will never, ever do something that makes the DOTs job easier. I do keep extremely neat logs and that may help them, but that's it. Most DOT officers I've encountered are either too lazy to do the math, not capable or don’t care. I don't run a recap with my logs for that very same reason. Nine times out of ten, they take my logs, thumb through the book, hand it back to me and tell me to have a nice day.

I agree with Gman and a few others here that the whole concept of logbooks and hours of service is counterproductive to safety, and I refuse to make the enforcement of those regulations covering such any easier than it already is.

[zipy46]

What about the 'safe haven' rule ?

You can go past your 11/14 in order to find a parking spot after unloading or picking up.

eh ??

[Rev.Vassago]

What about the 'safe haven' rule ?

You can go past your 11/14 in order to find a parking spot after unloading or picking up.

eh ??

The only time you are allowed to exceed the 11/14 rule is when there is adverse driving conditions existing which a motor carrier could not have known about prior to dispatching the driver, and in that case, it can only be up to 2 hours beyond the 11/14, and it must have been possible to complete the trip within the 11/14 hours if the adverse driving conditions were not present.

As far as "safe haven", that applies to certain HM commodities when leaving the vehicle unattended.

There is no regulation for "finding a parking spot after getting loaded or unloaded".

[golfhobo]

Rev.Vassago said:

The only time you are allowed to exceed the 11 hour rule is when there are adverse driving conditions existing which a motor carrier could not have known about prior to dispatching the driver, and in that case, it can only be up to 2 hours beyond the 11 hour rule, and it must have been possible to complete the trip within the 11/14 hours if the adverse driving conditions were not present. You cannot exceed the 14 hour rule, even under adverse driving conditions.

There ya go.... FIXED it for you, Rev! As you have said, those two rules are separate, and in this case, not equally applicable.

Here's the reference, if you want to refresh your memory:

395.1

[Rev.Vassago]

There ya go.... FIXED it for you, Rev! As you have said, those two rules are separate, and in this case, not equally applicable.

Here's the reference, if you want to refresh your memory:

So sayeth the guy who thinks that road construction is an "adverse driving condition".

[golfhobo]

So sayeth the guy who thinks that road construction is an "adverse driving condition".

You wanna QUOTE me on that? I believe I was talking about a road "closure." If it had anything to do with construction, it was like when the I-470 overpass dropped onto the interstate in Colorado.

Road construction is an expected part of the deal. If dispatchers don't know about it, drivers should. But, occaisionally, roads are CLOSED without notice for temporary construction requirements. At THIS time, the adverse driving condition WOULD apply if needed. (unless the driver sees a sign warning him of it before he gets TO it.) If he is PAST the last exit BEFORE they close the road, and he is stuck there, the adverse driving exemption applies, within the allowable regulations which you misquoted, of course.

[Rev.Vassago]

You wanna QUOTE me on that? I believe I was talking about a road "closure."

You were talking about road closures due to construction.

If it had anything to do with construction, it was like when the I-470 overpass dropped onto the interstate in Colorado.

You said:

The FACT is, that if I come across a "shutdown" road.... for ANY reason.... and I was not aware of it when I planned my trip, the FMCSA will allow me the exemption.

Traffic stoppage and logbooks

That's a classic thread right there.

[golfhobo]

You were talking about road closures due to construction.



You said:



Traffic stoppage and logbooks

That's a classic thread right there.

Yes, that WAS a good one. I don't think you ever DID realize that you were wrong on that one, (and so many others.) An overpass falling on a road, which closes it, is considered a construction road closure. The adverse driving exemption WILL be allowed. Now.... what was your point?

MY point was that you AGAIN misquoted a reg, or misinterpreted it, when answering a noobie's question. You implied that he could violate BOTH the 11 AND 14 hour rule under "adverse conditions." I corrected you (as I so often have to do,) to show that he could ONLY exceed his 11 hour rule, and NOT his 14 hour rule.

[Rev.Vassago]

MY point was that you AGAIN misquoted a reg, or misinterpreted it, when answering a noobie's question. You implied that he could violate BOTH the 11 AND 14 hour rule under "adverse conditions." I corrected you (as I so often have to do,) to show that he could ONLY exceed his 11 hour rule, and NOT his 14 hour rule.

People in glass houses shouldn't throw stones. Especially people who made that same mistake in reg interpretation over a year ago.....

Working after 14 hrs

But at least when I pointed out when you made the same mistake, I was nicer about it, and didn't come back with some snide remark like the one I just quoted from you. But I suppose I shouldn't have expected the same from you.

[Bandit102]

Keeping the logs on the laptop is SOOOO much nicer than paper logs for me. It tells me if I have any violations immediately. They can go back 3 years on my computer and find NO violations. Since I started using DDL, I've NEVER had an officer look past 1 or 2 days back.

[WHLSOFSTL726012]

As it states, if you have everything but today and yesterday, then DOT must allow you to bring your status current. They will then give you a nice ticket for not having a current status. Just because they have to allow you to bring your status current doesn't exempt you from getting a fine for not having it that way when you were first examined by them.

it says they may or will, not that they must

[Rev.Vassago]

it says they may or will, not that they must

(b)(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.