HOS: Adverse Driving Cond. Rule Question . . .

My question is if you run into this how do you use it without getting flagged from safety or your log book depart ? Do you send a message to whomever & let them know this is what you're doing or do you wait until you have already used it & then tell them or wait until someone contacts you about it ? Having a hard time with the log book section of the high road training but this info has me baffeled ( I think the numbers on the rest of it Im just not getting) . . .

Thank you for your time in advance . . .

Are you asking about using the extended hours of service rule?

Here's the FMCSA Truck Drivers Guide To HOS - https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers%20Guide%20to%20HOS%202015_508.pdf

49 CFR Part 395.1(b)(1): Adverse driving conditions. 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 beyond the maximum time allowed under §§ 395.3(a) or 395.5(a) 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. ----- The RULE ITSELF doesn't state how this gets logged.

More advice from another source:

If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods. Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty, and you must comply with the minimum 30-minute rest break provisions.”

If you do use this exemption, be sure and record in your log, along with a notation describing the circumstances. Also include the FMCSA ruling number for reference: 395.1(b)(1).

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Don't know if any companies actually have a macro that makes a 395.1(b)(1) entry in the E-Log. You would want to send a QC message to your DM , Safety AND Log department - RIGHT AT THE MOMENT you have to use this exception.

It's actually RARE that you get away with this. You can't just use this to stretch your clock because the rest area/truckstop is full. Nor can you use it for something you should have known about WHEN YOU WENT ON DUTY THAT DAY. So if you get up and start driving in a snowstorm - you KNEW AHEAD OF TIME that you were in a snowstorm.

Again - this is something that you should be using in the RAREST OF OCCASIONS, and only when actual conditions REQUIRE IT TO GET TO SAFETY. Not to avoid a service failure because of weather you likely should have NOT DRIVEN IN IN THE FIRST PLACE.

And last but not least - this is an actual question for the SAFETY/LOG DEPARTMENT of your company, as to how they would like it dealt with. Rules may vary from company to company. Some may not allow it AT ALL (as in - you're out of time, you shut down or get a violation).

This is one of those rules (or exception TO the rules) that could get abused real easily - which is why they watch it LIKE A HAWK.

Rick

Are you asking about using the extended hours of service rule?

There are two "exceptions/exemptions" to HOS Rules.

One is the "Adverse Conditions" - which I covered above.

The other is "Emergency Conditions" - which is 49 CFR 395.1(b)(2) - which is usually a condition where a STATE OF EMERGENCY has been declared in the area you are driving in. Typical examples: hurricane warning - where a governor/president declares a state of emergency (which is different from a NWS Hurricane Warning). Examples I've seen of emergency orders, specifically suspend FMCSA HOS regs.

There's also been "times of emergency" where a state of emergency exists (usually post-hurricane) where HOS rules are completely suspended to allow trucks to bring in emergency supplies (food/water/ice, generators, etc). These are typically also covered under 395.1(b)(2).

There IS A DIFFERENCE between "Adverse Conditions" and "Emergency Conditions" - and as I suggested above - you'd want to check with you company as to how they'd want this logged.

Rick

Again - this is something that you should be using in the RAREST OF OCCASIONS, and only when actual conditions REQUIRE IT TO GET TO SAFETY. Not to avoid a service failure because of weather you likely should have NOT DRIVEN IN IN THE FIRST PLACE.

Exactly... This is a rule that I have never needed to use. It would be some really unusual circumstances that would enable you to use it properly.

I've spoken with drivers who've used it on occasion, but each of them used it improperly. I would rather have my logs flagged red in violation, and have done so, than to get caught abusing that rule.

I'm glad to see you applying yourself to getting this all sorted out, but if you don't have a handle on this part right now don't worry about it too much. You'll have time later to get all the little fine details figured out.

You guys are just awesome !

Sambo - I was asking about the rule (which ever it may be called) about weather cond you didn't know of in a weather forecast planning your route :)

Rick - just super info ! Thank you sooooo much.

Old School - Thank you for the encouragement, it is very much appreciated ! When I ran before many many moons ago they didn't even have the 30 min break after an 8 hrs stretch rule in effect, plus electronic logs or quallcom weren't even heard of. ( I did alot of no no's then & had to figure out where I was & which "lie" book I needed)