Questions about Adverse Driving Conditions, Safe Havens & More Answered by Law Enforcement Officials (as of March 2014)
Warning: Laws are subject to change without notice.
These interpretations were made on February 14, 2014.
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TOLD TO MOVE RIG WHEN OUT OF HOURS
Q: Last week I was caught in an unexpected snow/ice storm outside of Atlanta. I sat for about three hours and finally got into the sleeper for another four hours. A trooper woke me up and said I had to move my rig. At that time, I had exceeded my 14-hour clock by two hours. The only other safe place I could park was 100 miles away. What were my options at that time? Thank you – Clyde in Tennessee.
A: Provided by Jim Brokaw, formerly a Staff Sergeant, Nebraska State Patrol, Carrier Enforcement Division, Lincoln, NE: I’m afraid your only option at the time was to move your rig as directed by the trooper, even though you could be violating the hours-of-service (HOS) limit. But the HOS rules do include some exceptions based on adverse driving conditions and emergencies that may provide you with some relief. For adverse driving conditions, 49 CFR 395.1(b)(1) in part states: “…Except as provided in paragraph (h)(2) 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 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 two additional hours beyond the maximum time allowed 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.” Note that this exception applies only to your driving time, not your 14-hour rule, and 49 CFR 395.2 defines “adverse driving conditions” 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. For emergency conditions, 49 CFR 395.1(b) states: “In case of any emergency, a driver may complete his or 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.” Emergency is defined in 49 CFR 390.5 and, in part, means “…snow storm, ice storm, or blizzard, … which interrupts the delivery of essential services … or essential supplies … or otherwise immediately threatens human life or public welfare, provided such … event results in: (1) a declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies, by the FMCSA Field Administrator for the geographical area in which the occurrence happens, or by other Federal, State or local government officials having authority to declare emergencies.”
PROPER DEFINITION OF A SAFE HAVEN
Q: I was running in a snow storm and my 14 hours were about to run out 15 miles from the yard, so I called my boss for instructions. He said that I could drive to the nearest “safe haven” but that I would get written up if I drove all the way back to the yard. Would you please define “safe haven” for me? Thank you – Rick in Pennsylvania
A: Provided by Senior Trooper Monty Dial (Ret.), Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, TX: First off, you will not find the definition of “Safe Haven” anywhere in the DOT rules Part 40 through 397. The term “Safe Haven” is found in Title 49 Part 100 through 178 of The Hazardous Material Regulations. “Safe Haven” is defined as a location that has been approved by either Federal, State, County, or City Authorities for the safe parking of commercial motor vehicles transporting Haz-Mat. Now to your question. In Part 395.1 it states that 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 permitted by 395.3(a), may drive and be permitted or required to drive a commercial motor vehicle for not more than two additional hours beyond the maximum time allowed under 395.3(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. So, let’s break this down. Part 395.2 defines “adverse driving conditions” 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. Part 395.3(a) states a driver may not drive beyond the 15th hour. So, in summary, if you or the motor carrier knew the weather was unsafe, you are not entitled to use the “Adverse Weather Conditions” clause to find a place offering safety for the occupants. Next, you cannot use the two extra hours allotted in “Adverse Driving Conditions” if it means that you are driving beyond the 15th hour. If the convenience store has available parking for your truck and they would allow you to park there, then that’s as far as you could go. If not, then driving to the yard in violation of the DOT regulation could result in you and the motor carrier being written up for violating the 15-hour rule found in 359.3(a).
~ The Ask The Law™ programs are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies. Ol’ Blue, USA is a non-profit organization dedicated to highway safety education and to improving relations between the motoring public, law enforcement and commercial drivers. “Ask The Law” is a registered trademark of Ol’ Blue, USA. This column is copyrighted© by Ol’ Blue, USA. Warning: Laws are subject to change without notice. These interpretations were made on February 14, 2014.
