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-   Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)
-   -   16 Hour Rule? (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/37826-16-hour-rule.html)

Rev.Vassago 05-25-2009 10:49 PM

Quote:

Originally Posted by golfhobo (Post 451414)
I'm just saying that there is no exemption classified as "unforeseen circumstances" or "unforeseen instances."

What, no "spirit" of the regulation?

Quote:

Now.... just what "important" part did I leave off?
The important part that states that the driver had to be able to complete the trip within the 11 hour clock. If you are in the middle of a multi-day run when you happen upon the adverse conditions, you can only continue to a safe place to park.

§395.1 Scope of rules in this part.

(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.

LightsChromeHorsepower 05-25-2009 11:09 PM

Quote:

Originally Posted by fredog (Post 451418)
the part about the rev is always right :lol::lol:

lmao!!!!

golfhobo 05-25-2009 11:10 PM

Quote:

Originally Posted by Fredog (Post 451418)
the part about the Rev is always right :lol::lol:


:clap::clap::clap:

golfhobo 05-25-2009 11:43 PM

Rev.Vassago said:

Quote:

What, no "spirit" of the regulation?
Hmm.... not sure. There MAY be one hanging around this topic.

Quote:

The important part that states that the driver had to be able to complete the trip within the 11 hour clock. If you are in the middle of a multi-day run when you happen upon the adverse conditions, you can only continue to a safe place to park.
Interesting point. Forgetting for now that we WERE talking about "local wusses," this time you MIGHT have a point. For OTR drivers, who may not be able to reach their consignee during THAT particular day, I believe you are right. They would have NO expectation of "completing" their trip within the clocks for THAT day anyway, so they MAY not even be given the extra two hours of DRIVING TIME to reach a truckstop or whatever. Maybe only an OFF RAMP or something. This would give their dispatch a full day to schedule a LATE delivery, or repower the load. Then again.... assuming the TOTAL trip was within reach per dispatched hours, WOULD that "exemption" still apply? I don't know. Let's ask the SPIRIT! ;)

Once again, we have a situation where the FMCSR's are designed to accomodate LOCAL drivers, or SOLO drivers. The fact that they didn't clarify their postition for LONG HAUL drivers, shows that they think in terms of ONE DAY trips. They clearly made an "exemption" based on an expectation that the driver was on his LAST leg of the trip OR it was a ONE DAY trip.

However, the fact remains that I did NOT leave out any important information when I corrected Double R's statement that OTR drivers could extend their 14 hour clock to 16. Since this was a thread about LOCAL WUSSES, I didn't feel the need to go into extravagant detail about the rules for OTR drivers and take the chance of confusing these "local wusses!" :lol2:

I left that up to YOU! :clap:

Rev.Vassago 05-26-2009 12:07 AM

Quote:

Originally Posted by golfhobo (Post 451439)

Once again, we have a situation where the FMCSR's are designed to accomodate LOCAL drivers, or SOLO drivers. The fact that they didn't clarify their postition for LONG HAUL drivers, shows that they think in terms of ONE DAY trips. They clearly made an "exemption" based on an expectation that the driver was on his LAST leg of the trip OR it was a ONE DAY trip.

The exemption covers both.

Quote:

However, the fact remains that I did NOT leave out any important information when I corrected Double R's statement that OTR drivers could extend their 14 hour clock to 16. Since this was a thread about LOCAL WUSSES, I didn't feel the need to go into extravagant detail about the rules for OTR drivers and take the chance of confusing these "local wusses!" :lol2:
Lousy excuse.

LightsChromeHorsepower 05-26-2009 01:40 AM

Move to Cali. It's 12 & 16 straight across.

golfhobo 05-26-2009 01:40 AM

Rev.Vassago said:

Quote:

The exemption covers both.
Both WHAT? Both local and OTR drivers? Both longhaul vs. dedicated regional drivers who get home evey night? Both Solo and TEAM drivers? Clarify it for me... oh WISE ONE! :roll:

Quote:

Lousy excuse.
Youi would be the "expert" on that. :lol2:

golfhobo 05-26-2009 02:22 AM

Quote:

Originally Posted by LightsChromeHorsepower (Post 451447)
Move to Cali. It's 12 & 16 straight across.

Okay, fill me in on this. I thought FMCSA HOS rules were Federal and applied to ALL "interstate" truckers. Maybe I'm wrong.

I've heard such comments before, but I BELIEVE they apply to local or regional drivers who never drive outside of the state of CA.

If so, it is not FAIR and responsible to tell OTR drivers that they can move to CA and drive under different rules IF they drive for an INTERSTATE carrier.

Rev.Vassago 05-26-2009 02:44 PM

Quote:

Originally Posted by golfhobo (Post 451448)
Both WHAT? Both local and OTR drivers? Both longhaul vs. dedicated regional drivers who get home evey night? Both Solo and TEAM drivers?

Yes. It covers everyone.


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