Silly HOS question

Depends on who you work for, but in most cases if you put "safe haven" in your remarks then you will be left alone. You can also follow up with a message saying you were looking for a safe place to park.

 

There is also a "clause" that allows you to run over hours if it is caused by construction, accident or weather. These being unplanned delays. Must be noted in your change of duty status remarks and you must get to a "safe haven" asap. Some officers will allow, Like all HOS interpretations it depends on the officer interpreting them and how nicely you say, yes sir and no sir.

 

Any violation is a violation. Your risking a lot cutting it that close. If you get in a not at fault accident in those 3 min you will be looked at as at fault because you were over on your HOS. Most companies allow a few violations a month and will requier retraining if you go over that. DOT however may care about any violation. Missing your exit is not getting to a safe haven. The safe haven rule is not for poor planning, but for unseen circumstances. (getting kicked out by a shipper after being out of hours, an accident that closes the highway your on for hours. etc.) It is not meant for missing your exit or just normal traffic delaying you.

 

Construction is out because you should plan for the construction on your route. (according to a DOT officer I talked to). Weather is also out unless, the weather closes a road unexpectantly. You shoudl eb able to review the forecast before leaving.

In a situation where this does apply, you must stop at the first safe place. I once was stuck in traffic do to a 5 car pile up that took 5 hours to clear up. The next truck stop was 14 miles away. I pulled in, but DOT was set up just after the stop. They were pulling over every truck that didnt stop for a logbook review. Basicaly the safe haven rule got you to that truck stop, but no further since the TS was the first safe spot to stop after the dellay.

 

So what your saying is if you miss your exit and you run out of hours you should just stop the truck right then and there and take your ten on the side of the road. Trip planning should prevent you from cutting it that close but sometimes it happens and if you go over by a couple minutes to get to a safe place then I think you won't be bothered. I have never gone over but I have come close due to unforeseen circumstances.

I agree that you shouldn't cut it that close, but do you think a cop would care more if you were on the shoulder for ten hours or over by a few minutes to get to a safe place.

 

Depends if your on e-logs or on paper... E-logs may have a variable but paper is subjective to the writer. "egregious" per the FMCSA

http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

""Egregious" hours of service violations not specifically defined. Driving (or allowing a driver to drive) more than 3 hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers."

 

Driving (or allowing a driver to drive) more than 3 hours beyond the driving-time limit may be considered an "egregious" violation and subject to the maximum civil penalties.