There is sometimes confusion among drivers regarding the FMCSA's Safe Haven and Adverse Conditions rules.
The FMCSA's "Safe Haven" and "Adverse Conditions" regulations are worded to address two separate types of situations.
The Safe Haven rule applies to acceptable parking locations for Hazmat drivers.
The Adverse Conditions rule applies to unexpected and unavoidable delays that cause a driver to run out of driving hours.
Most drivers will almost never, if ever, use either one of these, as they both require a very strict set of conditions to have been met.
As a driver, you should always, always, make the effort to be aware of weather conditions, or potential weather conditions, and other possible delays, in your immediate vicinity or in that which you will be traveling to or through.
The FMCSA requires that motor vehicles carrying Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by either the driver or another, qualified, representative of the motor carrier operating it.
The vehicle MUST be within the unobstructed view of the driver or representative, or located within a "safe haven".
This means that the driver must either be within sight of the vehicle carrying Division 1.1, 1.2, or 1.3 hazardous materials, or, it must be parked in an area specifically approved in writing by State, Federal, or local authorities for the purpose of parking such unattended vehicles.
The "Safe Haven" rule does not allow you to extend your hours-of-service in order to find a place to park for the night. It is also not an option for drivers to extend their clock if they run out of hours at a customer.
The rule states: "a driver who encounters adverse driving conditions, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted, 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 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."
Adverse conditions are defined as "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."
Basically, if you encounter road or weather conditions while driving, and these conditions could not have been predicted or foreseen, the adverse conditions rule allows you to drive up to 2 additional hours in order to get to safety, provided that it does not cause you to go over your 14 hours for the day, or 70 for the week.
Using the adverse driving conditions exception requires a certain set of circumstances. All of the following must apply:
Again, the "Adverse Driving Conditions" exception can ONLY be used for conditions or delays that the driver could not possibly have know about. Driving into an ongoing, sustained blizzard, or driving through the center of Chicago, during rush hour and almost out of hours, will NOT count as "adverse driving conditions".
Additionally, drivers will undoubtedly need to explain the situation to their company, as to exactly how they were caught up in whatever the delay was, and why they used the exception. Normally, proper trip-planning can avoid most of these delays.
No, running out of hours because you were sitting at a shipper or reciever delayed will NOT qualify as "adverse conditions".
Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 10 hours driving and found the rest area full, forcing the driver to continue past the ten hours driving looking for another safe parking area?
No. The emergency conditions exception does not apply to the driver. It is general knowledge that rest areas have become increasingly crowded for commercial motor vehicle parking, thus, it is incumbent on drivers to look for a parking spot before the last few minutes of a 10 hour driving period. The driver should provide the reason for exceeding the 10 hours driving in the Remarks section of the record of duty status.
Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations
The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.
A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:
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
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
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.
Operating While Intoxicated