DOT HoS Violation Advice?

I just wrapped up a 3,294 miles trip this morning from New Jersey to San Leandro, CA. The trip started on 6/23 and ended on 6/29.

I hauled Class 2.2 Non-Flammable Refrigerant Gases. Extra $50 hazmat pay plus 3,141 paid miles.

The problems began the last two days because I had very small recaps hours gained. I had 4 days during this 7 days trip with small recaps.

6/23 = 2:08 (h:m) 6/25 = 2:31 6/28 = 4:21 6/29 = 1:27

I made my first delivery on 6/28 in Fresno on time. However, I only had 2:24 time available afterwards to drive ~3.5 hrs to my final delivery in San Leandro scheduled that afternoon. So that wasn’t going to happen.

I drove to Madera, CA to park at a Love’s. I had 01:37 remaining on my 70H clock. I was 142 miles to my final customer.

The recap of 1:27 on 6/29 really screwed me because I only had a total of 3:04 available On Duty time for today.

I had optimistically estimated the 142 miles drive plus a fuel stop at Ripon would take ~2.7 hrs. I might arrive with 14-22 minutes remaining on my clock. I informed my FM of this on 6/28 suggesting he consider re-powering the load as my drive was high risk of running out of clock time if any traffic issues.

No go on a re-power, just do my best. I called the customer and confirmed that I could come in early to park onsite before traffic got heavy (how naive I was). My appointment time had been changed to 6/29 at 09:00 PDT.

I timed my departure at 02:00 PDT thinking to arrive before 05:00 PDT. The traffic on CA99 north to my Ripon fuel stop was fine (82 miles). I even pushed the 55 mph truck speed limit a bit.

However, once on CA120 to catch I580 to I238 to I880 the traffic was bumper to bumper! It was 04:00am! Where did these people come from? There were slow downs where highways merged and a right lane closure causing a jam up. I had 60 miles to my customer.

Anyway, at 2.4 miles from my destination my clock ran out! I was -10 minutes when I arrived and parked Off Duty at 05:39 PDT.

After unloading and completing my paperwork to end the trip, I was instructed by my FM to use Off Duty - Personal Conveyance (PC) to drive 55 miles to a Flying J on I-5, Ext 465 at Lathrop to park. That drive took me 2h 14m! I just love the CA Bay Area!

This is I238E at I580E interchange coming up. Stalled traffic!

So, what is impact of a -10 minutes DOT HoS violation? My FM doesn’t seem to care. I got the delivery done!

In fact, he gave me another long haul load picking up tomorrow in San Leandro by 12:00 (live load) again going 2,025 paid miles to Cashton, WI to deliver on 7/4.

I will only have 5h 56m available 70h time tomorrow. I know how long to allow now. Will try to get back to this same Flying J to park. Then take off for WI seriously on 7/1 with ~11 hrs to work with.

There is no impact. It's a company issue until DOT becomes aware of it and chances are they won't. When I have a clock violation, I have a phone call with management to discuss it and I never hear about it again.

That being said, it'll be an issue if you get pulled in for an inspection.

Right. My communication with my FM and Logs Advisor about it are in writing.

I know Prime is under going some FMCSA logs review since first of the year primarily focused on use of PC.

Right. My communication with my FM and Logs Advisor about it are in writing.

I know Prime is under going some FMCSA logs review since first of the year primarily focused on use of PC.

Dennis, how much PC can you use each day with Prime? I get 1 hour per day with Helwig. I’m just wondering how much PC time varies company to company.

Dennis, how much PC can you use each day with Prime? I get 1 hour per day with Helwig. I’m just wondering how much PC time varies company to company.

Bruce,

Sent you a copy of my company's PC rules.... it's too small to read on here.

Basically they allow 30 minutes but we are strongly discouraged in using PC. If we are stuck somewhere for a 34 reset, for an example, we can go get food or go do laundry, etc but nothing more than that and we have to return to the spot we were at whether we are under a load or not.

Laura

Prime wants it to be less than 1 hour. The QC system sends two form letter messages whenever using PC. The first is a general warning about the rules. The second comes out if you exceed one hour.

I should clarify in my case I put a remark on my PC status explaining what I was doing, how far traveling to truck stop parking and would take greater than one hour.

If we are dispatched on a load at a customer and want to go to nearby Walmart to shop while waiting, can drop the trailer and PC to the store. However must be in Driving mode during return trip to the customer.

If staying at a Terminal , can bobtail PC both ways to a store (or movie theater, etc) and back.

I don’t use PC very often. Best just to avoid it as it does get scrutinized closely by our Logs Advisers.

Since the changes in the PC rules there seems to be a vary wide range between companies how they handle it.

DOT is looking very closely at how companies are using it. DOT told me they will look closely at it during my audit. I have to go through a full audit within my first year, and of course they don’t tell you when that will be until they are ready to do it. I rarely use it.

Too answer your orginal question. As long as you don’t get inspected on the road during the period it shows for your 8 days, it won’t be caught until and if then the company goes through an audit.

Thanks PJ.

So this morning I see that the QC subtracted the -10 minutes that I was in the hole yesterday from my available time for today.

70h available = 5:56 - 00:10 = 5:46

I only had that issue ONCE, at delivery in LA, Cal. burning my clocks all week. Receiver took too long unloading me, hence when ready to roll, I was -09 minutes ughhh! Well, I had no place to park or sit at customers (small DC) So I said screw it, and headed to our drop yard in Fontana. That took an hour to get to, parked with -1.09 with the warning message. I hate live unloads/loads, luckily I had very few of those

Called in to safety, they told me to click the "split sleeper berth" ,which rest my minus time, into positive, whewwww nice! That fixed that problem, not like I was really worried about it, since I knew it would only be valid for the 8 days, and luckily, I NEVER get pulled over, or got pulled in for weigh station inspections......After that, I just left that "split SB" box checked on the qualcom, and followed the SB rule, doing the splits. The last month I drove with Legends, didn't have anymore HOS problems like that.