[Scottt]

I had a 8:00am appointment Monday morning (Today) 60 miles from my house. I get home Saturday late afternoon. I usually leave every Monday morning at 5:30am for my delivery.

Sunday I mow the grass and work in the yard and come in the house and take a nap. It is 2:00am and I can't sleep so I decide to go to my delivery destination and back in and go to bed and they will wake me up when they start unloading.

I get a block away from my delivery destination and the blue lights are behind me. DOT Officer wants to do a driver inspection.

He went through my logbook and I was on my 71st hour and I had spent 33.5hrs down at home. I tried and tried to talk him out of the "hours of service" ticket but he wasn't budging. Yeah I was going to start a new log sheet when I got there showing leaving the house at the usual time. No it never crossed my mind to add it up before I left. I have been running the same route for almost 10 months and had the times down to the minute to stay legal. My dumb mistake and I will pay.

The part I don't understand is he let me go to the delivery and said I would be out of service there until Midnight. 3:45am Monday till 12:01am Tuesday. I am guessing the 12.5hrs I logged on the prior 8th day falls off at midnight and puts me under my 70hrs??

If he put me out of service at 3:45am how do I log me delivery at 8:00am or do I have to? If out of service can you still be on duty and not driving?? Is it legal to let the truck sit for 34hrs from the out of service time and call it a restart?

[mike3fan]

you're probably right about the hours coming off at midnight. yes you can work after the 70hrs ie: unloading, but you need to log it as on duty not driving and it goes against the 70hr rule. I don't belive you can use the OOS to meet the 34hr reset.

[matcat]

Originally Posted by mike3fan

you're probably right about the hours coming off at midnight. yes you can work after the 70hrs ie: unloading, but you need to log it as on duty not driving and it goes against the 70hr rule. I don't belive you can use the OOS to meet the 34hr reset.

Why not? If caught over your 11/14 the OOS is used to reset the 11/14, why can in not count for a 34 as long as you are on line 1 or 2 for 34 consecutive hours it should not matter.

Also just my opinion, that DOT officer is a ***** He couldn't look past a half friggin hour of time?

[Scottt]

Originally Posted by matcat

Also just my opinion, that DOT officer is a ***** He couldn't look past a half friggin hour of time?

Kinda what I thought too but I was polite and told him to go through my whole log book and see that I had made a honest mistake. I usually keep 3-4 weeks of logs in my book till I get around to filing them. I run basically the same route everyweek and log the same breaks, fuel stops everyweek.

He was determined he was going to write the ticket. The ticket I couldn't believe either $25 fine, $50 court costs, $8 surcharge. I had always heard they were in the hundreds.

My truck and trailer are still backed into the dock in case he wants to check up on me tonight. Lucky I have a daughter that lives there and gave me a ride home.

Now I just need to figure out when I have a reset so I can make another round without any problems.

[matcat]

Originally Posted by Scottt

Kinda what I thought too but I was polite and told him to go through my whole log book and see that I had made a honest mistake. I usually keep 3-4 weeks of logs in my book till I get around to filing them. I run basically the same route everyweek and log the same breaks, fuel stops everyweek.

He was determined he was going to write the ticket. The ticket I couldn't believe either $25 fine, $50 court costs, $8 surcharge. I had always heard they were in the hundreds.

My truck and trailer are still backed into the dock in case he wants to check up on me tonight. Lucky I have a daughter that lives there and gave me a ride home.

Now I just need to figure out when I have a reset so I can make another round without any problems.

Yeah when I got my following too close ticket, I was pretty shocked too it only cost me $92 total.

[golfhobo]

Wow! This is a tough one. I can't WAIT to see the answer the REV gives.

Off the top of my head, and I mean I haven't analyzed the situation sufficiently....

1) The cop violated the FMCSR's by letting you drive to the delivery point, so.... who knows?

2) I THINK you can't "operate" the CMV during the unloading process, and therefore logging your delivery would violate the OOS order.... but then again, so did the COP!

3) At midnight Monday night, you will get back the 12.5 hours from 8 days back, and that will be what you have to work with.... and you will have to stay under the 70 rule all week. You will also STILL be sitting at the dock (or more practically ON THE PROPERTY.)

4) IF you chose to, or even COULD, let the truck sit for 34 hours from the OOS inception time, yes.... it would count as a 34 hour restart. That would be 1:45 pm on tuesday. How will you make your Tuesday run?

I'd like to see some recap figures for the last 8 days, along with some ON DUTY times for your average day.

Recaps are not mandatory, but you just proved why they should be completed. How could you NOT figure your hours out before leaving out a half hour before it was legal to do so?

What EXACTLY did he put on your ticket? I find it hard to believe such a small amount of fine. But, at least you didn't falsify or fail to have 7 days logs. These are the more expensive violations. I've never had a simple 70 hour rule violation, so I guess it COULD be that cheap.

[Uturn2001]

When the 34 hour reset was first introduced drivers who were out of service due to HOS violations were not allowed to start the 34 hour reset clock until they were once again legal.

That rule was later changed so that drivers who were placed OOS for HOS violations could reset if they were off duty for 34 hours.

[golfhobo]

Originally Posted by Uturn2001

When the 34 hour reset was first introduced drivers who were out of service due to HOS violations were not allowed to start the 34 hour reset clock until they were once again legal.

That rule was later changed so that drivers who were placed OOS for HOS violations could reset if they were off duty for 34 hours.

I agree. That IS the final resolution to the ruling which can be found by reading the FINAL RULING section of the FMCSA website.

[Rev.Vassago]

Originally Posted by golfhobo

1) The cop violated the FMCSR's by letting you drive to the delivery point, so.... who knows?

No, he didn't. The officer directed the driver to what, in his determination, was the nearest safe point to serve his OOS "sentence".

2) I THINK you can't "operate" the CMV during the unloading process, and therefore logging your delivery would violate the OOS order.... but then again, so did the COP!

Why would he have to operate the CMV during the unloading process? If he has to move the truck, and it takes less than 15 minutes to do so, then it should be flagged as such.

[matcat]

Ok here is the real question! You are put OOS, sitting at a receiver or shipper, you are also an O/O. Now, let us assume you are out of food in the truck, and there is nothing nearby within walking distance, can you use personal convience considering your are OOS, taking into consideration that personal convience is not logged.