HOS Violation Question

Topic 20679 | Page 1

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Paul F. 's Comment
member avatar

What happens if you get caught driving when you're out of time. (by law enforcement, as Well as your company) Is there a difference in if you're 10 min over vs 3 hours?

My expectation is a fine/ticket/csa entry from law

From the company, I'd (tongue in cheek) expect an "Atta boy". You did what you needed to do to get it there on time.

Thanks in advance 🌵

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

Terminal Rat ( aka...J's Comment
member avatar

I have only been over 1 time on my 14 clock by about 30 minutes. There simply weren't any spots available in the three different truck stops I checked before my hours ran out. Heck, I couldn't even make a spot and I'm not afraid to get creative. LOL

I don't know about law enforcement but I never heard anything from Swift about it and it's been a couple of weeks now. LOL!

JJ

G-Town's Comment
member avatar

The real risk is if you have any kind of accident that causes injuries to others involved when driving beyond the maximum hours. Possible jail time.

Most companies will not be overly concerned with an occasional blip. Chronic offenders will be required to attend a log class. Beyond that...likely termination.

Susan D. 's Comment
member avatar

The only time I've violated HOS was because I was at a receiver that was located in a very unsafe place and 18 miles from our South Chicago Terminal. I had dispatch send a message to our logs compliance person before I drove out of there promising I would be as safe as possible. At that location the guards are all armed and literally lock themselves in this shipping container converted into an "office" that they accessed by a door that looks like a bank safe and the single window was covered with extremely thick bars. They don't allow overnight parking because it's way too dangerous.

My trailer was light load, had a flat and I drug that thing through the South Chicago projects to take it to our terminal for repairs and my break. I hadn't used all my driving hours but I was out of time on my 14 hour clock, due to delays which were beyond my control. They did warn me that if I was pulled over for an inspection within the next 7 days, I could possibly receive a citation, so be extremely careful. I also had to take a longer break to cover the time I went over on my 14.

I can't see any company giving someone an "atta boy" for violating HOS.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Daniel B.'s Comment
member avatar

You won't get a high five.

To sort of mimic what my best friend forever G-Town said, another risk is getting an inspection. The officer will look at your previous logs and he will discover it.

Errol V.'s Comment
member avatar

I learned the hard way. With Swift, you are "allowed" two HOS violations in a month. With #3, you get face time with the safety person. Not an "atta boy", but a wrist slap. Or maybe a log class.

No company will push you to violate HOS rules.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Eric G.'s Comment
member avatar

If it's to get to a safe place there is an amendment to the law called the Safe Haven law or something like that. The DOT allows drivers out of time, to get to a safe place to park. Primes log department will cover that with you.

If your trying to make a stop, your fm should be going over time management with you.

If you are stopped in the next 7-8 days it will show up on your logs. If your log department isn't aware then it appears as if you just ran over hours. If they are aware they can put a note on it firvthe DOT to see when they get a copy.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Daniel B.'s Comment
member avatar

If it's to get to a safe place there is an amendment to the law called the Safe Haven law or something like that. The DOT allows drivers out of time, to get to a safe place to park. Primes log department will cover that with you.

If your trying to make a stop, your fm should be going over time management with you.

If you are stopped in the next 7-8 days it will show up on your logs. If your log department isn't aware then it appears as if you just ran over hours. If they are aware they can put a note on it firvthe DOT to see when they get a copy.

Thats very wrong. The safe haven law is for hazmat drivers so they can park in a safe place. For example, I drive a gasoline tanker and if I were to break down on the side of the road and run out of hours I can legally use the safe haven rule to continue driving to park at the next available space so that there's not a fully loaded gasoline tanker sitting on the side of the road for 10 hours.

You cannot use this legally (certain states vary) at Prime while hauling a non-hazmat load.

Drivers often confuse the Safe Haven rule with the adverse conditions rule which applies to adverse weather and catastrophic wreck or traffic conditions, when a trip that might have taken you two hours on a regular day, may now take you four, causing you to struggle to find safe parking or reach your destination within your allowable driving hours.

Log department can aid you, but you're still at the discretion of the officer.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Old School's Comment
member avatar

Eric, Daniel is right about this. That stuff about a "safe haven rule" is truck driver lore that has been circulating in the driver's lounges and truck stop cafes for decades now. Don't ever believe what other drivers tell you about the regulations unless they can tell you where to find it in that little green book which should be in your truck with you at all times.

Check out this old discussion on this very topic...

Safe Haven Myth

Paul F. 's Comment
member avatar

Thank you for all the information. For the record, I said. " tongue in cheek" so didn't really expect an atta boy,

But the question still remains what will Joe law do to me if I'm caught?

Fine? How much? Or what? I can't imagine I'm arrested if not in an accident.

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