You're absolutely RIGHT! The regs DON'T specify a complete road shutdown or stoppage! I was just "giving you that" because I knew you wouldn't believe the truth!

Under the definitions, it just mentions snow, etc. blah blah. How much snow is required to "adversely affect" your run? I don't know. It doesn't say it has to be enough to shut down the road. Same applies to all the other "conditions."

Now go back to the actual reg. It CLEARLY states that the BASIS of the exception is ONLY whether or not it keeps you from completing your RUN. I'm "assuming" that they are "assuming" that a run can not legally be dispatched unless it could "reasonably" be completed within the 11/14 hour rules.

So, if the "unforeseen situation" even DELAYS you (moving slowly and NOT setting brakes) to the point that you cannot complete your run, but it could have been completed if traffic moved at a USUAL pace, and your dispatcher wasn't AWARE of this situation (and trying to get around it,) you can complete the run or get to a safe shutdown, as long as you don't exceed the 14 hour rule, or drive more than 2 additional hours.

I, too, take a cut and dried view of them. I don't CHANGE their words. Look through my posts and you will see that I consistently use THEIR words (with the exception of "shutdown.") You seem to want to add, subtract, change, argue, and disbelieve. That's your prerogative.

The fact is they don't even require a SHUTDOWN of the road.... just an ADVERSE CONDITION that keeps you from completing your run (if it could have been completed without the condition.)

Yes, they expect you to know about LONG TERM construction projects (usually with signs saying to be completed some time next year.) It is the "unforeseen" delay that they are creating the exception for.

I didn't write the regs. If you don't want to use the exception.... don't! But, it is there.... and I correctly quoted it. And I believe that I have correctly interpreted it. If they thought such interpretation would be so difficult, they would have been more specific. If they left it "grey," it's because such circumstances ARE "grey" and they are giving you a break! (with limits!)

Help yourself! Until YOU can prove that a complete closure of the road by a construction crew, that was NOT well advertised and known to my dispatcher, is a USUAL CONDITION of that road, I will claim the exception IF and ONLY IF I ever need it.

Gotta go on a run now. Won't be back for about a week. Y'all have fun and try to come up with another good topice by the time I get home.

Enjoyed it! C ya! :wink:

 

(sneaks back into the thread)
Ummm... that was a little more discussion than I expected on this.

To elaborate a bit more on the original situation, they already had one of the two lanes closed on each side of the bridge, doing work on the "other" lane, and there was signage indicating "construction zone," but not suggesting that one should expect stoppages. No doubt they were doing the work in the middle of the night to ease traffic congestion.

The impression I got from what I could see, and from the fact that about a half hour after the stoppage several Dept. of Highway vehicles came through the center turn lane (which was open right up to the bridge) was that there was some kind of unexpected mishap blocking the one open lane.

I learned a lot from you folks. Thank you very much.

 

..

 

I always thought that was a crock too. My truck was cut off at 76 mph, and I ran mostly in states where the speed limit was 70, and he wanted me to log 60? On flat roads? Crazy. I logged 67 (in predominantly 70) or 63 (in predominantly 65), and never got in any trouble with the DOT over it. (No longer a problem. I'm on a dedicated run now, and I just log what I do, because it's virtually impossible to eat up my hours in a day, and virtually impossible to speed through all that traffic either.)Me neither. This thread does remind me of a real world situation though. I was on Suicide Circle heading up to Baltimore on the night the DC sniper shot the people at Home Depot. They shut down the Beltway looking for a white van that turned out to be some blue fourwheeler. They had all the exits in Virginia blocked off, and everybody had to funnel toward the Maryland line, and stop there. It was one Pure D fuster cluck and a half.

So after I sat there forever and a day, we finally got rolling, and the scales in Maryland were open. I was the only truck there, and they pulled me in to check me, adding insult to injury. The DOT cop was like "You left such and such at such and such? REALLY?"

Yup. I really sat here with my thumb up my ass for five hours. Can I go to Baltimore and go to bed now, because I have to get up in three hours. Um. I mean eight hours. Yeah. Eight hours.

This was before all the new 14-hour bullshit, I think. If anyone knows different, substitute "10" for "8" in the above account. I don't quite remember when that happened.

 

Sylvan: The Adverse Condition rule existed before the latest revision. The only question I have for you is this:

Did the DOT officer at the scales shut you down (OOS) for a violation? Or did he let you proceed to your destination?

Granted, this was not a construction related delay, but it DID qualify under the "adverse conditon" rule.

So.... did you sleep at home that night? The REV really needs to know!

 

Sorry, double post.... CAD's fault! :lol:

 

Man, is that post LOADED with "absolutes" or what?

 

I just returned from a 5700 mile roundtrip dispatch in 5 days (team.) ALL on different routes. Didn't even GO to the coast! But, that's 5700 miles of different roads in one week!

MANY of them weren't even interstate miles, which are USUALLY the only ones that WOULD be posted on some nebulous "website."

People who drive a few hundred miles a week hauling HHG's, shouldn't be "preaching" to those who DO run the miles in this country!

 

REV said:

So... BECAUSE the FMCSA does not provide an interpretation of their rules, that satisfies YOU, you can "leave it out" of a discussion about the Regulations?

Because some drivers abuse it, YOU don't THINK the exemption serves its purpose?

IF they did "this" and didn't do "that" you'd ACCEPT it??? I'm SURE they'll be "interested" in your "guidance." :roll:

I don't have alot of love for government bureaucrats, nor there mastery of the language, but... I don't presume to tell them what regs I will abide by based on MY opinion of them.

The regs say what they say. And this part is pretty clear. THEY use the words "unusual road or traffic conditions." Even "I" have been driving long enough to know what is USUAL for a road, or a traffic situation. And, sitting for hours on a freeway that is not moving "freely," is absolutely the definition of "UNUSUAL."

Nuff said, :wink:

 

Perhaps you should learn to read. I specifically said:

Good for you. Would you like a medal?

:roll:

No, I can leave it out of my OPINION on the regs (which I clearly stated was an opinion. :roll:

No, not really.

Mr. Psychic. :roll:

Really? You use EVERY reg that is written? Even the ones that don't apply to you?

Once again - rush hour traffic CAN have you sitting for hours on a freeway, yet you don't use the exemption for that. :roll:

Enough was said last week already. :roll: