Jack_Berry
Moderator Emeritus
If you get caught for hours on a shutdown hwy, do you get to still drive 11 hrs?
Hos force Majuer?
- Thread starter Jack_Berry
- Start date
If I am stopped my EOBR reverts to "on duty" I can sit in that temporary parking lot and NOT be using driving hours. I am, however, using up my 14 hour clock. THAT is often a greater factor limiting my work than the 11 hour rule is.
Jack_Berry
Moderator Emeritus
Yeah the 14 is what I meant.
LOL!! I FULLY understand. The 14 hour clock rules the world.
nightcreacher
Veteran Expediter
If you can leagally make the deliver in your 11 hour driving,you can add another 2 hours to your driving time.You can not go over your 14 hours though,and your next day will only let you drive 9 hours not 11.Not sure what would happen with your EBOR.SInce OOIDA won the suit,not sure we are going to need one
I will NEED an EOBR (electronic babysitter) as long as I choose to lease with FedEx. Not to worry, the Feds will get that mandate sooner or later.
greg334
Veteran Expediter
Just a reminder, the adverse weather exemption is important to understand.
Section 395.1(b)(1)(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2(SEE BELOW), 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 in order 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.
However, that driver may not drive or be permitted to drive— (i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;(iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles.
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.
The EOBRs should also allow this to happen, if they do not, talk to the carrier and tell them they have to add the feature.
Section 395.1(b)(1)(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2(SEE BELOW), 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 in order 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.
However, that driver may not drive or be permitted to drive— (i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;(iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles.
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.
The EOBRs should also allow this to happen, if they do not, talk to the carrier and tell them they have to add the feature.
I guess some here don't know that the lawsuit by OOIDA was about stopping EOBR'S being put on he worst carriers out here nothing more.
As for companies requiring you to have a EOBR nothing has changed they can still require you to have a EOBR and OOIDA can do nothing about that.
As for companies requiring you to have a EOBR nothing has changed they can still require you to have a EOBR and OOIDA can do nothing about that.
moose
Veteran Expediter
Beachbom you make a good point.
the OOIDA case show that OOIDA works for ALL trucker, not just O/O (god will they ever change that name?), as most drivers that are going to 'enjoy' the win, are Co. drivers for large regional fleets.
the FMCSA was very clear in it's respond to the court ruling, that they are still going to continue with the PRM for ALL trucks.
they have also extended the 'submit your comment' regarding this new PRM, and you are all invited to submit your comments, just like I did, before it is too late.
OOIDA cannot fight a PRM in court. but once it is becomes mandated -
OOIDA will be there to protect us all once more.
on a side note, this will result in thousand of personal lawsuits, as O/O and fleets, will demand their money back from the gov. for those,once mandated-now useless expensive devices.
that's complete my EOBR rant for this nice morning.
the OOIDA case show that OOIDA works for ALL trucker, not just O/O (god will they ever change that name?), as most drivers that are going to 'enjoy' the win, are Co. drivers for large regional fleets.
the FMCSA was very clear in it's respond to the court ruling, that they are still going to continue with the PRM for ALL trucks.
they have also extended the 'submit your comment' regarding this new PRM, and you are all invited to submit your comments, just like I did, before it is too late.
OOIDA cannot fight a PRM in court. but once it is becomes mandated -
OOIDA will be there to protect us all once more.
on a side note, this will result in thousand of personal lawsuits, as O/O and fleets, will demand their money back from the gov. for those,once mandated-now useless expensive devices.
that's complete my EOBR rant for this nice morning.
moose
Veteran Expediter
X'cept maybe sending a letter to the all mighty ATA, reminding them that the court have already ruled those things are not to be used to harass drivers.
or maybe sending a letter to all the members seeking a class action .
there's not even one trucker out there, who got those things on the truck and have never being harass because of it.
it might just be, that this court actions have just place the carriers on the defending bench, not only the FMCSA.
if the carrier you drive for is using EOBR in an improper way, all one needs to do is document those events, for a just in case scenario. might be a gold mine someday.
same goe's BTW for the insurance industry covering say carrier.
same goe's for the manufacturers of such devices, for selling a loaded gun.
the carrier contract.
and so on.
14Wheeler
Seasoned Expediter
That's exactly the kind of things ive been hearing from most
all drivers cursed with the box. Theres just too many varibles
out there that the box can totally mis-represent. So far im not even
close to even thinking about an installation and would probably
re-think the job if it were forced on me. As a driver its only a
matter of time before stoopid box screws you over somthing thats
absolutly legitament.
moose
Veteran Expediter
Apparently you've mist that OOIDA survey .
no worry, TeamCaffee & TeamMoose to the rescue :
http://www.expeditersonline.com/forum/loading-dock/47866-ooida-eobr-survey.html
greg334
Veteran Expediter
Where are the results?
I didn't see specifics and that's what I'm asking - how does the company screw one over with an EOBR?
I don't see the EOBR as a tool for the company to screw the driver because the company does not have any control over the EOBR in the truck but it is another form of logging and still only as good as the judgment of the driver themselves. Stupid drivers make for stupid looking logs.
If the driver wants to fudge or even make illegal entries into the log, then I must assume that the OOIDA wants them to be allowed to run illegal because they fought for this not to be implemented.