When can drivers claim adverse driving conditions?

In this video, we break down the FMCSA's adverse driving conditions exemptions, including what qualifies and when drivers can use it.
Trucksafe Consulting, LLC is a full-service transportation safety consulting firm, offering one-on-one consulting services as well as industry-leading training resources and compliance forms. Brandon Wiseman and Jerad Childress, Trucksafe's owners, are transportation attorneys who have worked with the nation's largest and most sophisticated motor carriers on USDOT safety regulations. They focus their efforts on helping carriers develop and foster state-of-the-art safety programs. For help managing your DOT policies and procedures, mock DOT audits, safety rating upgrades, DataQs appeals, and much more, contact us through our website: www.trucksafe.com

[@mattroberts86]

Well done.

[@edgargomez9494]

I just quit a company. They would force drivers to use that exemption periodically...😂😂😂

[@gabrielcastro3383]

My friend, thanks again and again and again for all the valuable lessos and tips, . Question: If while wating for load/loading I ran out of hours, how should I logg to ELD to get to safe heaven? Saludos desde Nova Scotia CA

[@Trucksafe]

FMCSA PC guidance says you can log PC in this scenario to get to the first safe testing location.

[@danielww9022]

This rule is getting more difficult to use due to the availability of road conditions information online. Enforcers & auditors will expect drivers to use online resources to plan trips and learn of conditions that would have otherwise caught us unawares. Seems like freak storms & vehicle accidents are about the only "unforeseen" things that an auditor wouldn't gripe about. If you truly do know about something that is going to slow you down because you've seen it online or heard it from dispatch comms, it's probably best to just run regular hours & avoid the risk of violations.

[@ogaslaw46388]

I use to do OTR. I don't miss it. I'm local now. Anyway, I remember waiting at coke facilities for hours waiting to unload in NY. Then finally get unloaded. Then have to leave. Ran out of hours. But using log books back then, we can "compensate" and were expected to do so. Frustrating. Anyway, what I would like to see is these receivers getting hit with some of the pain they put on these drivers. Drivers waiting, not getting paid. Paid by the mile. So they would have to make up for it in the old days. Thank God this can't be done under the ELD rules. So I would have thought they would have changed their tactics at some of these facilities. From what I seem to be learning, the answer is nope. They still make drivers wait. hah? Really? Where do the drivers get to shut down for their uninterrupted break? Don't they at least get paid? So I like some of the changes I'm seeing. But I would like to see this one happen too. "The laborer is worthy of their hire". This includes truck drivers. Something needs to be done in this situation. I'm not sure what. But at least if they can try to change how they treat these drivers. I don't miss it. I use to pay to live in the truck. I would make more at home on minimum wage. They say it only got worse since I was out there. No thanks. Not for me. But things could change making it a worthy profession again. If they're going to regulate us to death, they should regulate the others as well. Whenever dealing with CMV's, they should share the burden. These drivers should get preferrencial treatment. They need to get unloaded and back on the road as quickly as possible. It would also be nice to have parking lots available for these drivers if they need to have a safe haven. If these companies make so much money, they should consider making accommodations. If we can at least park, many of us can live out of our trucks and be self sufficient. We just need to be able to park them and in a safe place from the public. Also, another gripe I have is the driver should be able to carry weapons if they choose. A fire extinguisher is a start. But it only goes so far. Unless they have a checkered past, why can't they carry a gun? At least I can do that now. Problem is, my hip is so worn out, I can't. But I can legally. It would have been nice to have my piece when I was layed over in NJ and NY. Oh well, I have a different life now. But I'm sure hoping things will improve for those doing OTR living. I believe they will eventually. Sorry for my monologue. I have more I can gripe about, like salesmen that lure in new drivers promising them the world when they take the bate and get screwed. This is unethical and needs to change. IDK, maybe I should become a driver advocate or something. lol. I hate seeing them getting screwed. I'm NOT for entitlement drivers. But I am for honest drivers trying to make an honest living that chose to join after weighing out what was layed out for them. (even if it was a lie). Oh, another thing. I don't like govt overreach. But if we can take out the "us vs them" (2 tier system) with them becoming govern by "we the people", when they are truly our public servants, then I think these changes will actually be good. I would have preferred the old way where you didn't need "govt" like the FMCSA, ect. But since we have been "neutered" and "dysfunctional" as a people at this point, I suppose these "changes" may be a good thing. I could write a book to explain. 🤣So if we can get the "us vs them" out and govern as "we the people", where the "public servants" are accountable and truly are doing their jobs of helping the industry to be safe, yet productive, and within reach, great. I know some are good and doing that. But it needs to be standard. Not just lip service. Then great. I think it would be a good new standard going forward. But will never match how things use to be many years ago. I mean, I can no longer train and sponsor anyone without this ELDT stuff. But fine. At least let it bring us together to advance MAGA. Yes, I'm a Trump guy. I think he will bring great changes to the country bringing power out of the hands of the establishment back to "we the people". I think this is in process. Wait for it. Things will improve. Probably starting with fuel prices. But that alone may take 18 months just to start to improve after he gets in "officially". The fuel prices are a big part of what forces these companies to screw the driver when they really didn't want to or intend to. They are not all bad. There are many good people forced to do shady things or in a bad system. I think we will eventually see this. So wait for it. Peace.

[@davidrager8813]

Quick question about this....does traffic that is NOT caused by weather related conditions qualify? For example, you are heading into Chicago and get delayed due to traffic that is a result of construction that just started that day?

[@Trucksafe]

In our experience, not often. FMCSA doesn’t consider traffic backups caused by routine traffic conditions like construction to be adverse driving conditions.

[@MrConcreteKing]

And all construction is posted, so thus would be a known condition

[@jerrylittle2726]

What about multiple construction zones being jammed up and backed up eating up my clock