I'm on duty sitting on the interstate right now. Is off duty a thing?
Posted by ConsistentRegion6184@reddit | Truckers | View on Reddit | 54 comments
Some guy lost his marbles on i95 and is in a police standoff right now. Time is looking a bit thin for my clock. Is off duty and under 5 ok, or is that trouble?
RabbitFabs@reddit
Adverse conditions exemption. Might have to call your company and ask about it. Adverse condition is for unforseeable events preventing you from legally being able to make it to a safe haven. Such as some asshat having a standoff with local resistance on the freeway.
Miahthefro@reddit
I just learned something haven't heard of adverse condition exemption
Actual_Handle_3@reddit
Adverse driving condition exception allows a driver to complete the trip had he been able to absent the emergency, not to use it to find safe parking. 49 CFR 395.1 (b) driving conditions — (1) Adverse driving conditions. Except as provided in paragraph (h)(3) 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 or duty time during which driving is permitted under § 395.3(a) or § 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than two additional hours beyond the maximum allowable hours permitted 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.
(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.
RabbitFabs@reddit
I dont think you understand what I am saying.
Im not saying to rum your full 11 of driving and use adverse to park up.
Im saying his 11 is done because of the conditions. Gone. Go find the next safest place to park and call it a night. If his trip plan was to stop out 50 miles further up, no. You dont go there. Unless thats the next safest parking, you should be stopping much sooner than that if you can.
Unless of course you love challenging and missing off DOT officers. Thats a great way to get a violation and a hit on your score over the words being rubbed off your parking brake and trailer air supply.
Actual_Handle_3@reddit
Ok, the adverse driving condition exception is to complete a run that could have been completed had the adverse condition not happened. I'll give you 2 scenarios, one qualifies the other doesn't. The first is a driver takes a trip from Chicago to Omaha. This trip will take him 9 hours of driving. He's stuck in an accident in Iowa City for 2 1/2 hours. So he's over his 11 and let's say for sake of argument, he's over his 14. The adverse driving condition exception would allow him up to 2 hours in both driving and 14 hour to complete his trip. He is allowed this exception even before he is in violation. The emergency happened in a Iowa City, but his hours expire in Council Bluffs. He can continue his trip as long as i4 takes less than 2 hours.
2nd scenario, he's going to Denver. He plans on stopping in York (i think that's 11 hours) Same accident, takes the same time, then he must stop as soon as he runs out of hours or sooner. Now in your case that your describing that he went into violation while sitting in the emergency. He should PC to the nearest safe parking and note why. He is not enttled to any of theextra 2 hours of driving because he could not have realistically finished his trip to Denver.
RabbitFabs@reddit
"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."
Don't forget this part. You can poke the bear all you want, if it were me im hitting the next truck stop / rest area with parking and im gonna tuck myself to sleep.
Actual_Handle_3@reddit
Good eye! I had been going off the guidance, which only says "if you could have reasonably finished the run"
Gr00veChild@reddit
Yeah was gonna say I'd HIGHLY recommend contacting your company/safety department if you're a company driver as some want it logged in a particular way. Especially if you forsee possibly violating your HOS best to have it correct as they may start digging into it.
WMDZipperbag@reddit
OP. Think some have provided good info. IF for reason you run out of clock During normal operations, you’ll need to use personal conveyance to get to “safe parking”. In your situation, you have two options 1) adverse conditions Limiting tho. Two hr max. 2) PC. It counts as off-duty. Doesn’t exactly always help (Say you need sleeper to complete a split). Can be used anytime to get to safety tho
No I do not suggest moving truck at five mph down the shoulder
RoadRatzzz@reddit
I've gone off duty while sitting in accident traffic.....sometimes even take a little nap while sitting in the drivers seat.
WMDZipperbag@reddit
Should be noted. IF some busy body pesters for details. You took the nearest exit & parked on the on-ramp…. Most likely don’t want it appearing you parked on the interstate
Varies some by company. Think swift only throws a fit for taking splits
Matlovestruck@reddit
If you can't move the truck it's not your fault. Use line 4 (off duty) and add a note in the remarks like "road closed, police activity I95." If DOT ever asks, the news coverage backs you up. Plenty of drivers do on duty not driving too but that eats your 14 and you shouldn't burn your clock over something you have zero control over.
Spitfire1011@reddit
Everything eats your 14 hour clock…once you start ANYTHING, there’s no way to stop your 14 except with the split option.
Matlovestruck@reddit
Fair point, the 14 doesn't pause. I was thinking more about not burning drive time on it, but you're right that the window keeps going regardless. Split sleeper is the only real way around it.
Viper_tx@reddit
Off duty also eats up 14 if you cant use split sleeper
Auquaholic@reddit
If you're truck is in drive, and you get hit, you're in shit. But, we still do it anyway.
Blackdogtrucking@reddit
This 👆
technically if you’re on the road you’re driving. Switching to on duty if you’re stopped is a grey area. Having said that about 3 weeks ago I got stuck in northern Ontario on the highway for over 12 hours. Shut the highway down after 2pm and got woke up just after 3am by highways crews. Horn’s and sirens getter moving!!!
I spent the first hour off duty the went to sleeper. Really what are you going to do? Government and lawyers have no idea what we go through!
Waisted-Desert@reddit
No, if you're stopped you can be on duty. Location doesn't make a difference. Doesn't matter if you're on a roadway or shoulder or parking lot. Your ELD is supposed to switch to on duty automatically anyway.
https://www.fmcsa.dot.gov/hours-service/elds/using-elds
Spitfire1011@reddit
Thanks…duh to those of you who know who you are.
Blackdogtrucking@reddit
Thanks! I need to do some retraining apparently!
Spitfire1011@reddit
Technically, if you’re not driving, you’re not driving. It matters not at all where your vehicle is. If you’re not operating, you’re not operating…
Sea_Masterpiece2249@reddit
They changed that rule in 2020. Now you can be "on duty" at the controls of a CMV. (Formerly that had to be logged as DRIVE even if NOT moving)
Blackdogtrucking@reddit
Thanks!!! I wasn’t aware of that. Now I can go to bed having learned something today 😁🤔 Have I mentioned I hate the crowsnest!!! As a tourist in a car fine, in a rig? NOPE!
thebigbossyboss@reddit
Crowsnest pass? Kootenay pass is worse
HowlingWolven@reddit
Next night I spend shacked up in the travel lanes behind a fatality on the TCH, 11, or the crowsnest won’t be the first.
Sea_Impact_3034@reddit
What if it’s in park? This seems like a situation where it’s pointless to leave it in drive until they start clearing the barricade
Capital-Sorbet652@reddit
I normally use on-duty for this reason. Idk if it makes a difference though.
You can always change it later.
patricksb@reddit
Mine automatically drops to on duty if I don't move for 5 minutes.
Auquaholic@reddit
On duty is a good idea. You could always edit it later if you needed to.
Auquaholic@reddit
He said under 5, I assume that's mph.
Sea_Impact_3034@reddit
Ah yeah I missed that bit. I’d put it in park if possible.
HOODTRUCKER187@reddit
Huh? 🤔 If my tires are moving, most of that time I’m writing it up as on duty 😉 but 100% of the time when my tires aren’t moving I’m writing it up as off duty. No exceptions!
MatrixUserNumberJuan@reddit
I personally wouldn’t risk it during blitz season.
Capital-Sorbet652@reddit
I always use on-duty. You can change it later if you need the time back. And i presume you’ll get less pushback from DOT on it.
Few-Chemical-5165@reddit
Some people cannot change their status once they have punched it in. Just put it off duty
bmf1989@reddit
I’d go on duty. It most likely won’t be an issue but if a DOT agent wants to crawl up your ass it could come back to bite you.
ConsistentRegion6184@reddit (OP)
Ok, never had it be at a stop like this ty
pakman82@reddit
Welcome to FL. That section of 95 south of Jacksonville is some sort of 'bermuda triangle ' for major accidents and weird shit. Accidents daily, at least once a week a full size motorhome with towed- vehicle goes into the trees. (Different ones) I think 2 years ago there was 2 on the same day in the same 1/4 mile
possibly_lost45@reddit
Split sleeper if able. If not use 16 hour exemption for adverse conditions
SexMachine666@reddit
I forgot about that but I've used it before in the same situations. Just be sure to annotate it clearly in case you're put to task over it during an inspection.
Troubador222@reddit
IybrAkesatesrt Igo offsite
tasselledwobbegong1@reddit
I once sat in traffic that was so bad while trying to get out of Southern California late in the day that my logs automatically rolled to on duty. I shrugged my shoulders and said fuck it and put it into off duty. Pulled my 30 minute break while sitting in traffic on the freeway. No regrets.
Grimwulfer@reddit
I pull that air brake im off duty.
No_Teaching_8273@reddit
Georgia ?
zzooooomm@reddit
If driving, you are on duty (unless pc if not furthering a load) as others have said, use adverse exemption and notate what happened in your logs.
Blackdogtrucking@reddit
Don’t forget you can log two hours for adverse conditions. Accidents and snow storms are acceptable for this. Just note it in the comments
Level-Leg-1579@reddit
Adverse Conditions exemption.....
Buzz_Leiter@reddit
You can ask your company for an exemption I think you get 2 hours if the road shuts down plus since SWAT is there I think they have to give you the exemption
HowlingWolven@reddit
Adverse condition, seconded. Don’t blow your 16.
bizzywhipped@reddit
Yeah I do it all the time
SeekingSilence18@reddit
You must be here in St Augustine. Uggh.
ConsistentRegion6184@reddit (OP)
Swat just took him in
Twisty12223@reddit
I always use on duty just in case somebody hits me or something. I hear people change it later to off duty I think. Definately have never done that.
Emergency_Ad1152@reddit
Off duty is a thing, yes.