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Traffic stoppage and logbooks
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       Trucking Forums Message Board, Truck Drivers Forums - Forum Index -> Rules and Regulations and DAC, oh my.......
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Castanea_d.



Joined: 03 May 2006
Posts: 48
Location: Iowa

Posted: Sat Mar 17, 2007 1:17 pm    Post subject: Traffic stoppage and logbooks  

The other night, I had the pleasure of sitting for about an hour and a quarter on U.S. 41 within sight of the Ohio River bridge into Evansville IN, while construction crews did their thing on the bridge and shut down the road. I am not a truck driver, so it was no more than an aggravation to me, but I was thinking about the truckers all around me. Many drivers had shut down their engines as it was obvious it was going to be a long wait.

How does such a delay for an accident or construction, when it is sufficient to shut down, maybe get out of the truck and stretch, etc., go into your logbook? If you were running close on your 11 hours of driving, losing an hour like this could be a big problem. Could you log it as line 4, on-duty not driving?

That wouldn't help with the 14-hour clock if that was the problem instead of the 11 hours of driving. What if your 14 hours expired while you were in a tie-up and when the traffic rolled again, you drove on to the first place where you could stop for the night? Somehow, I doubt that Officialdom would cut you much slack, especially if it is the lawyers looking at your logbook in a court case down the road.

What would be the Right Thing to Do?
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golfhobo



Joined: 16 Oct 2005
Posts: 3964
Location: the 19th hole / NC

Posted: Sat Mar 17, 2007 3:10 pm    Post subject:  

If the road is "shut down," you may drive UP TO an additional 2 hours (over your 11) to get to your destination or a safe place to shut down AS LONG AS it does not violate your 14 hour clock.

I'm sure someone will come along and quote the reg. And then there will be the expected arguments! :lol:

Thank you (as a 4wheeler) for even CONSIDERING us truckers! Now.... quit cutting us off, riding off our tandems, and parking in DOCK areas.... and we'll be good friends! :lol:
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tfmotors



Joined: 14 Apr 2006
Posts: 419
Location: Oregon

Posted: Sat Mar 17, 2007 3:58 pm    Post subject:  

golfhobo wrote: If the road is "shut down," you may drive UP TO an additional 2 hours (over your 11) to get to your destination or a safe place to shut down AS LONG AS it does not violate your 14 hour clock.

I'm sure someone will come along and quote the reg. And then there will be the expected arguments! :lol:

Thank you (as a 4wheeler) for even CONSIDERING us truckers! Now.... quit cutting us off, riding off our tandems, and parking in DOCK areas.... and we'll be good friends! :lol:


:lol: :lol: :lol: :lol: :lol: :lol:

Thats a fact Jack !!
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Uturn2001



Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans

Posted: Sat Mar 17, 2007 4:49 pm    Post subject:  

Quote: 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.

Quote: (b) Adverse driving conditions. (1) 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 in order 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. However, that driver may not drive or be permitted to drive-

(b)(1)(i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or

(b)(1)(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles.
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got mud?



Joined: 27 May 2006
Posts: 243

Posted: Sat Mar 17, 2007 5:29 pm    Post subject: Re: Traffic stoppage and logbooks  

Castanea_d. wrote: The other night, I had the pleasure of sitting for about an hour and a quarter on U.S. 41 within sight of the Ohio River bridge into Evansville IN, while construction crews did their thing on the bridge and shut down the road. I am not a truck driver, so it was no more than an aggravation to me, but I was thinking about the truckers all around me. Many drivers had shut down their engines as it was obvious it was going to be a long wait.

How does such a delay for an accident or construction, when it is sufficient to shut down, maybe get out of the truck and stretch, etc., go into your logbook? If you were running close on your 11 hours of driving, losing an hour like this could be a big problem. Could you log it as line 4, on-duty not driving?

That wouldn't help with the 14-hour clock if that was the problem instead of the 11 hours of driving. What if your 14 hours expired while you were in a tie-up and when the traffic rolled again, you drove on to the first place where you could stop for the night? Somehow, I doubt that Officialdom would cut you much slack, especially if it is the lawyers looking at your logbook in a court case down the road.

What would be the Right Thing to Do?

if you look at a lot of log books there is no such thing as traffic and it always takes 2 hours to drive 120 miles in a 65 mph zone. :lol:
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Double R



Joined: 11 Sep 2005
Posts: 852
Location: Pittsburgh, PA

Posted: Sat Mar 17, 2007 7:44 pm    Post subject:  

Quote: if you look at a lot of log books there is no such thing as traffic and it always takes 2 hours to drive 120 miles in a 65 mph zone.

Average speed of 60 mph which is what most companies allow a driver to log with out flagging a logging violation. Traffic? What traffic, never seen any.
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yoopr



Joined: 01 Dec 2004
Posts: 12866

Posted: Sat Mar 17, 2007 8:25 pm    Post subject:  

Double R wrote: Quote: if you look at a lot of log books there is no such thing as traffic and it always takes 2 hours to drive 120 miles in a 65 mph zone.

Average speed of 60 mph which is what most companies allow a driver to log with out flagging a logging violation. Traffic? What traffic, never seen any.

all depends on what part of the country you're in
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Double R



Joined: 11 Sep 2005
Posts: 852
Location: Pittsburgh, PA

Posted: Sat Mar 17, 2007 8:52 pm    Post subject:  

yoopr wrote: Double R wrote: Quote: if you look at a lot of log books there is no such thing as traffic and it always takes 2 hours to drive 120 miles in a 65 mph zone.

Average speed of 60 mph which is what most companies allow a driver to log with out flagging a logging violation. Traffic? What traffic, never seen any.

all depends on what part of the country you're in

True. In the NE it is very hard to keep an average of 60mph.
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Rev.Vassago



Joined: 04 Apr 2006
Posts: 5402
Location: Green Bay, WI

Posted: Sat Mar 17, 2007 9:29 pm    Post subject:  

golfhobo wrote: If the road is "shut down," you may drive UP TO an additional 2 hours (over your 11) to get to your destination or a safe place to shut down AS LONG AS it does not violate your 14 hour clock.


This exemption can only be used for unforseen delays. Road construction is not considered an unforseen delay, as it is possible to know about it before being dispatched. So no, a shut down for road construction would not apply, and you cannot drive an additional 2 hours.
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golfhobo



Joined: 16 Oct 2005
Posts: 3964
Location: the 19th hole / NC

Posted: Sat Mar 17, 2007 9:45 pm    Post subject:  

Rev.Vassago wrote: golfhobo wrote: If the road is "shut down," you may drive UP TO an additional 2 hours (over your 11) to get to your destination or a safe place to shut down AS LONG AS it does not violate your 14 hour clock.


This exemption can only be used for unforseen delays. Road construction is not considered an unforseen delay, as it is possible to know about it before being dispatched. So no, a shut down for road construction would not apply, and you cannot drive an additional 2 hours.

I didn't read anything in the original post saying that the construction "shutdown" was advertised in advance. IF and ONLY IF the dispatcher and/or the driver is aware of the planned shutdown would it NOT be allowed.

I don't know what world you live or drive in, Rev. But I drive east coast to west coast. There is little chance that my dispatcher CAN know about every construction "shutdown" over a 3500 mile stretch of interstate.

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.
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Uturn2001



Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans

Posted: Sat Mar 17, 2007 9:49 pm    Post subject:  

Using the adverse conditons provision is a crap shoot in this day and age. With all the different forms of mass media, from radio to the internet, it really is difficult to run into conditons that there was no way of knowing about in advance if one simply takes the time to look.

If a driver feels they have a legit reason to use it, then go for it, myself I never used it, nor would I if I was still on the road for anything other than a road shut down due a traffic accident.
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Rev.Vassago



Joined: 04 Apr 2006
Posts: 5402
Location: Green Bay, WI

Posted: Sat Mar 17, 2007 10:12 pm    Post subject:  

golfhobo wrote: I didn't read anything in the original post saying that the construction "shutdown" was advertised in advance. IF and ONLY IF the dispatcher and/or the driver is aware of the planned shutdown would it NOT be allowed.

Every state in the union has a number that you can call to get information on road construction. Every state in the union has a website that you can get information on road construction. Every dispatcher has a phone, and I'm willing to bet 99% of them have a computer with internet access.

Quote: I don't know what world you live or drive in, Rev. But I drive east coast to west coast. There is little chance that my dispatcher CAN know about every construction "shutdown" over a 3500 mile stretch of interstate.

Just because they fail to get the information, doesn't mean the information was not available to them. If they have a phone, then they COULD have gotten the information.

Quote: 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.

Good luck with that. I'm sure that DOT is gonna love that "ignorance" excuse. :lol: :lol: :lol: :lol:
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continental



Joined: 28 Jul 2005
Posts: 334
Location: NEPA

Posted: Sun Mar 18, 2007 6:37 am    Post subject:  

3500 miles coast to coast? Call me, I know a shortcut through the forest. :wink:
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Rev.Vassago



Joined: 04 Apr 2006
Posts: 5402
Location: Green Bay, WI

Posted: Sun Mar 18, 2007 7:50 am    Post subject:  

continental wrote: 3500 miles coast to coast? Call me, I know a shortcut through the forest. :wink:
:lol: :lol: :lol: :lol:

He takes the scenic route.
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Uturn2001



Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans

Posted: Sun Mar 18, 2007 9:40 am    Post subject:  

Seattle to Key West is about 3500 miles.
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