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Trucker Forum - Trucking & Driving Forums - Class A Drivers (https://www.classadrivers.com/forum/)
-   Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)
-   -   Violations... (HELP) (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/30064-violations-help.html)

unkut2003 10-07-2007 02:44 PM
Originally Posted by Double R
Originally Posted by unkut2003
Originally Posted by Double R
Originally Posted by unkut2003
Originally Posted by Double R
Originally Posted by unkut2003
After researching my options, I've decided I'll just claim the 16 Hour Exception, and pray they let it slide??? Other then that, I have no other explanation! Heres what I read about the rule, and also what I'll include with my statement.....

16-hour Exception - A property-carrying CMV driver may extend the 14-hour on-duty period by 2 additional hours once every 7 days if they:


Have been released from duty at their normal work reporting location for the previous 5 duty tours;

Are released from duty at their normal work reporting location within 16 hours after coming on duty following 10 consecutive hours off duty; and

Have not taken this exemption within the previous 6 consecutive days, except following a 34-hour restart of a 7/8-day period.
As long as your line 3 is 11 or under, then you should be ok.
I'll know for sure tomorrow when I get the book in front of me, but I wanna say it was 11.25hrs drivin, and another 5hrs of on duty... :?
If it is 11.25 driving, then you are in violation and cannot claim the sixteen hour rule. If that is right, then I would have shut the truck down and called the company and tell that that:
A)They send someone out to drive the truck and you home
or
B)Who inform them that you are getting a motel room for the night at thier expense and that you would be in after you ten hour break.
11.25hrs drivin, and another 5hrs of on duty
16.25 hours for the day. You are in violation of both the 11/14 and could not even use the sixteen rule. You have to be under 11 hours on line 3 to use it and cannot have a total past 16 hours.

It figures...... when it rains it pours! Sowhat do you feel my would be in my best intrests??? What should I write in the explanation section of the paperwork my company wants submitted???
Honestly, tell them that you screwed up at that next time you run out of hours and cannot make it back to the yard, that they can either send another drive out to get the truck and you or they can pay for a motel for the night.
Next time you know that you will not make it back in the time alloted, call and inform your company and give them those two options. If they are a good company and resepct the drivers, then you should be ok. If they tell you to drive back anyways, find another company to drive for.

Would saying it was a LONG Friday, I was exhausted having worked a LONG day, I forgot to log my fuel stop for 30 min? That would drop my 11.25hrs of drive time to 10.75.... and then with my 5 hours ofon-duty, I'd still make the 16 hour rule.... right??? Sorry, just a little confused here.

Double R 10-08-2007 02:16 AM
Originally Posted by unkut2003
Originally Posted by Double R
Originally Posted by unkut2003
Originally Posted by Double R
Originally Posted by unkut2003
Originally Posted by Double R
Originally Posted by unkut2003
After researching my options, I've decided I'll just claim the 16 Hour Exception, and pray they let it slide??? Other then that, I have no other explanation! Heres what I read about the rule, and also what I'll include with my statement.....

16-hour Exception - A property-carrying CMV driver may extend the 14-hour on-duty period by 2 additional hours once every 7 days if they:


Have been released from duty at their normal work reporting location for the previous 5 duty tours;

Are released from duty at their normal work reporting location within 16 hours after coming on duty following 10 consecutive hours off duty; and

Have not taken this exemption within the previous 6 consecutive days, except following a 34-hour restart of a 7/8-day period.
As long as your line 3 is 11 or under, then you should be ok.
I'll know for sure tomorrow when I get the book in front of me, but I wanna say it was 11.25hrs drivin, and another 5hrs of on duty... :?
If it is 11.25 driving, then you are in violation and cannot claim the sixteen hour rule. If that is right, then I would have shut the truck down and called the company and tell that that:
A)They send someone out to drive the truck and you home
or
B)Who inform them that you are getting a motel room for the night at thier expense and that you would be in after you ten hour break.
11.25hrs drivin, and another 5hrs of on duty
16.25 hours for the day. You are in violation of both the 11/14 and could not even use the sixteen rule. You have to be under 11 hours on line 3 to use it and cannot have a total past 16 hours.

It figures...... when it rains it pours! Sowhat do you feel my would be in my best intrests??? What should I write in the explanation section of the paperwork my company wants submitted???
Honestly, tell them that you screwed up at that next time you run out of hours and cannot make it back to the yard, that they can either send another drive out to get the truck and you or they can pay for a motel for the night.
Next time you know that you will not make it back in the time alloted, call and inform your company and give them those two options. If they are a good company and resepct the drivers, then you should be ok. If they tell you to drive back anyways, find another company to drive for.

Would saying it was a LONG Friday, I was exhausted having worked a LONG day, I forgot to log my fuel stop for 30 min? That would drop my 11.25hrs of drive time to 10.75.... and then with my 5 hours ofon-duty, I'd still make the 16 hour rule.... right??? Sorry, just a little confused here.
It would be legal on paper since you did not log the fuel stop and line 3 is under 11 and the total come to 15.75 BUT if your comapany is aduited by the DOT, then you would be cited for a violation. They would find out about the fuel stop.

unkut2003 10-08-2007 03:14 AM
UPDATE: So I checked the log and it is as follows:


OFF DUTY: 8.75
SLEEPER BERTH: 0
DRIVING: 10.50
ON DUTY: 4.75

TOTAL ON-DUTY: 15.25



So, does this put me under the 16 Hour Exception???

Double R 10-08-2007 05:09 AM
Originally Posted by unkut2003
UPDATE: So I checked the log and it is as follows:


OFF DUTY: 8.75
SLEEPER BERTH: 0
DRIVING: 10.50
ON DUTY: 4.75

TOTAL ON-DUTY: 15.25



So, does this put me under the 16 Hour Exception???
Yes it does.
Line 3 is under 11
The total of line 3 and 4 are 16 or under.

unkut2003 10-08-2007 06:16 AM
Originally Posted by Double R
Originally Posted by unkut2003
UPDATE: So I checked the log and it is as follows:


OFF DUTY: 8.75
SLEEPER BERTH: 0
DRIVING: 10.50
ON DUTY: 4.75

TOTAL ON-DUTY: 15.25



So, does this put me under the 16 Hour Exception???
Yes it does.
Line 3 is under 11
The total of line 3 and 4 are 16 or under.

F'n NICE!!! So I'm gonna write down that my reasoning was the 16 HR Exemption and mail er' back... :wink: THANKS!!!

unkut2003 10-08-2007 08:33 AM
UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)

ibamars 10-09-2007 01:23 AM
Congrats!!!!

Nothing better than beating the system sometimes.

unkut2003 10-09-2007 09:45 AM
Originally Posted by ibamars
Congrats!!!!

Nothing better than beating the system sometimes.

Your absolutely right.... and thanks!

Double R 10-09-2007 12:58 PM
Originally Posted by unkut2003
UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)
You would happen to be using JJ Keller scanable logs would you? The last company that I worked for used them and the computer would not reconize the 16hr rule and if you logged on duty past 14 hours, it would spit out a violation letter. And yes, you can be ON DUTY for more then 14 hours without a violation.

unkut2003 10-10-2007 12:00 PM
Originally Posted by Double R
Originally Posted by unkut2003
UPDATE!!!!




I spoke to our Safety Dept. today on the phone and was advised that they understood the 16hr. Exemption and I would fall under it! They claimed their system for some reason wouldn't recognize this rule and that they weren't going to update it since the HOS change like the weather, haha! They advised me that there was NO trouble and that they WOULD in writing, if it would comfort me, state that they were liable should anything occur from this...... thats how confident they were!!! So I feel A LOT better..... especially seeing as how they stood behind their word and backed me up.... willing to pay for ANYTHING!!! I know I will sleep better tonight regardless.... THANKS to those that were helpful... 8)
You would happen to be using JJ Keller scanable logs would you? The last company that I worked for used them and the computer would not reconize the 16hr rule and if you logged on duty past 14 hours, it would spit out a violation letter. And yes, you can be ON DUTY for more then 14 hours without a violation.
Yezzir..... :lol: JJKELLER..... EVERYTHING!!!!! 8)


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