Log question

[Broompilot]

Except for once I have never had a Spy on my back.

(I choose this on purpose, scared to Death of loosing everything WE have ever worked for cause someone crossed the Center Line Drunk and caused me to hurt them. Wrong place right time = A LIFE TIME of WORK gone down the DRAIN.

Now for my question... Friday I 40 EB just W of Cookville TN, Truck Car accident (CARS FAULT yeah for the T.D.) 4 wheelers fault for sure no front end damage and the 4 wheeler bounced off guard rail into truck several times in a rain storm. Little to fast for conditions 4 wheeler several hundred feet in front of Big Truck from impact (guess who was speeding?)

Anyway, as I came up the slow down, I was at 8 hours on my 11, by the time I got past the wreck with no where to go I was at 10:45 with still another 30 minutes to the next Truck Stop (Baxter Loves). I did pass the Rest Area, but I thought it would be PACKED and it was as I also expected the Loves to be and Right again. It is now 10 PM and I am also STARVING and this was where I had scheduled my stop anyhway.

I ran over my 11 by 15 minutes flagged it as an accident. Is this correct? Or should I expect a Spanking? Boy these situations are difficult to decide what is right or wrong.

Did what I did, at least I did not make a try for Kville yet another 70 miles could have used the excuse to Parking left anywhwere, would have been the truth though.

 

[x06col]

Jes a couple tings come to mind broomie. What might be wrong with a get off, get on ramp??? And were you logging the speed limit?? I always carried with me some beenie weenies for such a delima.

 

[redytrk]

As long as you could have made the distance in the legal 11 hours, noting accident in remarks is OK.

Having said that if your carrier uses computer log checking, expect to receive a violation. This is only because the computer cannot pick up the legal reason and exception. A live inspector would say you have no violation.

 

[nightcreacher]

I had simiar situation couple years ago,DOT officer told me that as lond as it doesnt effect your 14 hours,you can run over the 11 as long as you could have made it legally if wreck didnt happen.Its like the bad weather rule,also put in remaks what happened

 

[late4dinner]

I had simiar situation couple years ago,DOT officer told me that as lond as it doesnt effect your 14 hours,you can run over the 11 as long as you could have made it legally if wreck didnt happen.Its like the bad weather rule,also put in remaks what happened

If this is true, why not just log the delay as off duty not driving? Also what would be the correct thing to do if the delay caused the driver to go over the 14 hr rule.
Case in point, I was delayed for 6 hours on the WV toll road a month ago because of an accident. Normaly that would not have been a log problem, except I had a placard load. In my case the consignee understood about the delay and as often is the case, didn't need the product for a couple days.
I remember someplace in the green book years ago that under some conditions a driver was able to declare an emergency and continue. I think that had to do with the weather but I'm not sure.

 

[Moot]

If this is true, why not just log the delay as off duty not driving?

Because you are still on duty. As others have stated flag it as accident, weather etc.

So how do you electronic log users deal with this? When you get a log violation notice can you call your carrier and get it corrected?

 

[late4dinner]

Thats what I wanted to say, On duty not driving. But I still don't know about the 14 hour deal. If the DOT is going to give you some leeway on the 11hr rule because of a problem such as an accident or weather, will they give us some wiggle room on the 14hr rule?

 

[LDB]

The time sitting still on the highway with the brake set would be line 4 and shouldn't affect your 11 hour clock. Depending on the circumstances your 14 hour clock could be messed up. I'm with the others. You go to the first safe place to stop and that's where your day ends. Good notes on the log sheet and you've done all you could reasonably do in the situation. I once made the 32 mile run from Remington, IN to Lafayette, IN in only 8 hours 47 minutes, including the 8 hours sitting on 65 due to a fatality accident.

 

[Broompilot]

Traffic was crawling never set the brakes for more than 5 minutes 11 miles back up at 3 -4 miles an hour. The back up according to another driver the next morning got as far as 15 miles back where he was introduced.

Exit ramps along MM 255 only passed 2 one had a TT in the only available spot and the other one had a County Sherrif along with NO PARKING signs. As for food it was in the truck as it always is, just wanted something quick and good other than Beenie Weenies or Soup.

Thanks for the correct advice on not over 14 but circumstance of 11 beyond my control.

Pulling to the shoulders was also impossible as Tow Trucks from broken down 4 wheelers was mounting and they wanted them out of there. I tried that once in a back up, as my car was over heating cop was nice but told me it had to go into the grass for emergency vehicles PERIOD. So a big truck in the grass after a Rain Storm just not a good idea something about 80,000 lbs vs 3,000 lbs

 

[witness23]

395.2 In your FMCSR. It's incredible what you can find in your FMCSR if you'd only open it up.

Property-carrying vehicles — the driver of a property-carrying vehicle who encounters adverse conditions may not drive: more than 13 hours following 10 consecutive hours off duty, or
after having been on duty after the end of the 14th hour after coming on duty, following 10 consecutive hours off duty.


Adverse driving conditions include snow, sleet, fog, other adverse weather conditions, or unusual road and traffic conditions, which were not apparent to the person dispatching the run at the time it was begun.


Question 25: When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)?

Guidance: Delays on impassable highways must be recorded as driving time because §395.2 defines "driving time" as all time spent at the driving controls of a CMV in operation.

 

[Broompilot]

Thank you for the answer: One question and comment in my defense, obviously you have time to open it to look these things up. This is why I come here for some answers, I will open it but how I would find exactly what situation, where? But since you found it I am sure I can as well.

If Only You Would Open It Up, sorry I was so lazy.

 

[pelicn]

Witness, did you find that in the actual "little green book", or the website?
Reading the FMCSR is like reading IRS instructions. Clear as MUD. The website has made it easier to understand with the Guidance sections.
Your comment "if you'd only open it up" wasn't really necessary.

 

[pjjjjj]

As full of information as the website is, I find it pretty gruesome to follow as well, becuz of the interplay between sections and it takes you all over, sometimes to places that don't apply.. would be nice to have it all in order.. where can you get one of those 'green books'?
I thought that was kinda uncalled for too, different for someone to come on here and expect quick answers on how to set up their whole operation instead of researching for themselves.. but just a simple question doesn't seem too much to expect an answer to, without catching heat?

 

[mjolnir131]

to be totally fair to everbody.. i loved reading tech manuals and the fm's while in the army and i even find the FMCSR very dry

 

[pelicn]

would be nice to have it all in order.. where can you get one of those 'green books'?

Truck stops have them Pjjjj

 

[witness23]

If my remarks came across as a bit "harsh" that wasn't my intent. This is a great website for asking and getting questions answered but the time it took you to post your situation and and ask your question, you could have at least attempted to look it up. If you were unable to find a ruling on your situation in the FMCSR or the website or you did find it and were still puzzled and came on here with your question I can see looking for further assistance with your dilemna. Also the situation you posted, not one reply mentioned "Adverse Driving Conditions", I will give credit to some because they did say, "It's like the bad weather rule". I find it hard to believe that know one has ever heard of this rule in any orientations, log training or in your companies hand book and was able to lead you in the right direction of the FMCSR. Anyway......I did find the answer in the FMCSR and if you go to the FMCSR website you can find it their also. Once I went to the website and searched "Adverse Driving Conditions" it came up with "395.2 Definitions". Then on that screen if you click on "Interpretations" it will give you a "Question" and "Guidance" for that section of the FMCSR. I hope this is of some help to others out there.

 

[Turtle]

"Question 25: When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)?

Guidance: Delays on impassable highways must be recorded as driving time because §395.2 defines "driving time" as all time spent at the driving controls of a CMV in operation."

That's some pretty funny stuff right there. Riddle me this: If the highway is impassable and you're stuck on an impassable highway, a.k.a., a really narrow parking lot, the CMV ain't movin'. If it ain't movin' and instead it's parked, it ain't in operation, it's parked. If the CMV ain't in operation then the driver isn't at the driving controls of a CMV in operation. He ain't drivin' something that can't move. So, how is that driving time instead of merely on-duty time?

Now you know why I drive a cargo van.

 

[greg334]

You're trying to figure out the logic of bureaucracy, there is no logic, you will just have to become part of the collective....

I think the best way to illustrate the HOS is to sit down with a DVD and a good German beer to try to figure it all out - the movie by the way would have to be Brazil because it is the closest you will ever come to figuring out how they came up with these rules.

 

[pelicn]

Yep Turtle......

Reading the FMCSR is like reading IRS instructions. Clear as MUD.

 

[Crazynuff]

Truck stops have them Pjjjj

The book is supposedly updated monthly . The editions books at the truckstops are plastic wrapped so you don't know what edition you're getting . JJKeller lists updates at their website .
If you buy the book on the site they'll email updates to you .