Adverse Driving Conditions Exception

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Villain's Comment
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So I am starting my career tomorrow! Taking some time to review things when I came upon the section on The Adverse Driving Conditions Exception Section in the Interstate Truck Driver's Guide to HOS. Looked up the regulation (FMCSR 395.1 (b). Seems like there is some wiggle room there. Read Brett's Book and yeah I'm the guy that would drive the 3 hours to deliver on time with only 2 HOS left. Any thoughts (on the exception not my stance). Thank you.

Interstate:

Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Errol V.'s Comment
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(b)Driving conditions -

(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.

§ 395.2 Definitions. As used in this part, the following words and terms are construed to mean:

Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions,

none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.

No wriggle room. If you or your dispatcher know of a storm warning or other "bad news" forecast, your scenario to run over your time won't work.

BTW, the other "excuse", "safe haven" only works with Hazmat loads, not just any Joe or Joseline pulling a trailer.

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

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • Dispatcher:

    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.

    HOS:

    Hours Of Service

    HOS refers to the logbook hours of service regulations.

    OWI:

    Operating While Intoxicated

Anchorman's Comment
member avatar
JakeBreak's Comment
member avatar

The adverse driving conditions rule is the most challenging rule to properly use and not get in trouble. In my 2 and a half years otr I only used it once as intended. I was coming up on the end of my 11 hrs and the exit I needed to get to the truck stop was closed due to a vehicle fire. I had to go to the next exit and turn around. I went over my 11 by 30 mins and was still inside the 13 hr mark.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Villain's Comment
member avatar

I don't know about Winter Forecasts up North. In South Florida especially in the Summer, many times the 6pm forecast for the following day will be 20% chance of rain with this description "chances for rain are low and any showers will be brief and fast moving". Tomorrow comes and the whole county is getting drenched.

If I act in good faith with a forecast that calls for moderate conditions and I wind up experiencing just the opposite, wouldn't that qualify for use of the exception?

OWI:

Operating While Intoxicated

G-Town's Comment
member avatar

For rain? C'mon... Drop your speed and increase following distance.

I've shut down for heavy rain once, primarily due to very high wind gusts. I waited it out for 30 minutes, once it passed, on my way.

It's rare that you'll need to invoke that rule. Trip plan...

OWI:

Operating While Intoxicated

Errol V.'s Comment
member avatar
If I act in good faith with a forecast that calls for moderate conditions and I wind up experiencing just the opposite, wouldn't that qualify for use of the exception?

If the forecast called for 20% chance of rain, then by the time you got into that area it was a huge thunderstorm with 30mph wind gusts and a tornado warning, that is what the "adverse conditions" you or your dispatcher would not know. But if you are just looking for an excuse to pull over, as in "too much rain", you'd better keep moving.

Dispatcher:

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.
Villain's Comment
member avatar

@G-Town I'm not talking about rain! I am using an example of how it's not uncommon for the forecast to be way off. The forecast calls for light flurries, you head out and encounter conditions totally different from the ones forecast..

G-Town's Comment
member avatar

@G-Town I'm not talking about rain! I am using an example of how it's not uncommon for the forecast to be way off. The forecast calls for light flurries, you head out and encounter conditions totally different from the ones forecast..

Villain...you were talking about rain. No mention of snow in your OP. Errol responded in like manner...

Snow requires a common sense approach, if you aren't comfortable driving in it, then shut down and "wait it out".

You just started driving. Try to focus all your attention and energy on that before worrying about how and when to use this rule. Preparation will always reduce the element of surprise.

Turtle's Comment
member avatar
many times the 6pm forecast for the following day will be 20% chance of rain with this description "chances for rain are low and any showers will be brief and fast moving". Tomorrow comes and the whole county is getting drenched.

As a Florida native, I know the above scenario describes practically every other day in a Florida summer. Someone will have beautiful weather, and someone a few miles away will be getting drenched. Not unforeseen or unexpected.

The same can be said about up north where I live now. The forecast can call for flurries, and we end up getting a foot of snow. That's just normal.

OWI:

Operating While Intoxicated

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