Re: What if the DOT violates HOS Regs???
- From: "tscottme" <blahblah@xxxxxxxx>
- Date: Sat, 8 Aug 2009 11:26:44 -0500
"Dave" <noway1@xxxxxxxxxx> wrote in message
news:h5jh6m$g51$1@xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Do they cite themselves?
Company I'm working for has many runs, some contracted (must do). I never
know what route I'll be running until a few days in advance. This week,
happened to run one of the contract routes twice. It's time-sensitive,
we've got 24 hours to deliver after pickup. It is done with two solo
drivers. (not team driven)
It's basically a circle route, with each driver doing part of the circle.
Segment A, Driver A will DH East, do the pickup, then back to the yard.
Segment B, Driver B is waiting at the yard to leave as soon as Driver A
returns. Driver B goes West to deliver, then DH back to the yard. Then
usually repeat the next day. Only difference from one day to another is
Friday. If you happen to get this run Friday, both drivers need to be on
time, as (if you are on time) Driver B will get to consignee roughly 30
minutes before they stop accepting deliveries. (close early on Friday)
Driver A works 10 hours, including PTI and loading. Driver B works 14
hours including PTI and unloading. Yes, it's a tight schedule.
Of course, I pulled driver B on Thursday and Friday. No problem. But on
Thursday, driver A got tagged for a DOT roadside inspection, making him
1.5 hours late. That's not a problem for Thursday. But on Friday, Driver
A had to take a different tractor/trailer combo, as I hadn't finished my
Thursday run before he had to start his Friday run. And of course, I
could only log 8.5 hours on line 1 on Friday before I had to drop down to
line 4 again.
Could someone else have taken the run? Nobody available, several people
short. The manager who usually doesn't drive is driving a route because
he has no choice, and there's already been some other runs cancelled in
favor of the contracted runs. There was NOBODY else to drive it. If it
doesn't get delivered, on time, the shipper (my employer) just bought it.
I know most drivers would just fudge their logs in that situation. But I
do HONESTLY try to run legal, and I don't believe in fudging logs. Have I
fudged them? Yes, once or twice. But in this situation, I don't see why
I should have to. My break was shortened BY DOT. I could have, and
would have, run it legal, but it was DOT that violated the HOS regs.
Can I send the DOT a citation? I clearly noted on my log in remarks that
the short break was due to DOT inspection. -Dave
I don't see how DOT violated anything. A DOT inspection is a legal event
all CMV/CDLs are subject to. Claiming the DOT violated the HOS in this case
is like blaming a city traffic light for violating the HOS. The fact
someone scheduled drivers and equipment in such a way so that everything has
to be perfect to meet the schedule doesn't seem to me to be DOT's fault. If
the shipper took longer than expected to load the trailer, which caused the
driver to run out of his 14 hours before delivery, the shipper hasn't
violated the HOS, they aren't subject to HOS.
The DOT inspection seems little different than a breakdown or flat tire.
And the schedule is too tight to accomodate any "normal" problem. I'd just
note the HOS violation due to DOT inspection in my logs as you did.
--
Scott
"If you think health care is expensive now, wait until you see what it costs
when it's free."
P.J. O'Rourke
.
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