ABF | change in HOS rules for adverse weather as of 9/29/2020

hangbelly

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Is ABF utilizing the new HOS exemption of 13 hrs driving and 16 hrs total on duty hours under adverse weather that went into effect 9/29 /2020? This is insane. The increased fatigue factor under these sort of conditions is off the charts. These fools expect you to be alert and instantly reactive after 16 hrs? Really? The DOT has lost their minds.... They need to be sued...
 
Imagine driving from the east coast to the west and back again with no sleep or drugs.
the union should have opposed this under driver safety. It damn sure should be included in the new contract as not allowed for the same reason. The feds obviously don't care about truck drivers. but they revoked the 16 hr rule for flight crews hauling passengers in 2010 because it was unsafe and turned around and slapped UPS and FedEx pilots in the face by exempting them from the reduction in HOS because it was too expensive for their companies to lose the utilization of these pilots just becuz they were ONLY hauling freight. YES they did! That is just disgusting...
 
But did you die. No you were just tired. There's not a driver out there who hasn't had to shake the cob webs out because they were tired. You should've either been more prepared or simply pulled over. You're the captain of the ship and its completely up to you to determine whether the road conditions ore to poor to continue or you're to fatigued to continue. You're protected by law and a union.
 
But did you die. No you were just tired. There's not a driver out there who hasn't had to shake the cob webs out because they were tired. You should've either been more prepared or simply pulled over. You're the captain of the ship and its completely up to you to determine whether the road conditions ore to poor to continue or you're to fatigued to continue. You're protected by law and a union.
I was just getting ready to say I would never do it...gonna be too tired for that nonsense...
 
392.3. Know it. Use it. von
For those with severe dyslexia...


6.3.1 Illness or Fatigue (392.3)

Drivers may not operate, nor shall a motor carrier require or permit a driver to operate, a CMV if they are too tired or sick to drive safely. Operation may be discontinued at the driver’s discretion. In the case of a grave emergency, where danger to the driver, occupants, or other users on the road would increase if the driver stopped operating the CMV, the driver may continue until the nearest place the danger can be eliminated.
 
392.3. Know it. Use it. von
You're missing the point, gentlemen. Why in the blued -eyed hell should we have to use that to defend against the abuse of our health and safety by a gov't that apparently doesn't give a damn as proven by their flagrant disregard for the safety of UPS and FedEx pilots because they are just truck drivers in the sky, while reducing the HOS for passenger pilots because these Potomac river sewer rats fly commercial airlines, and well, hell, we can't have flight crews being tired while we or our families are on board, now can we?. Am I the only one that can see that? Does a Boeing 767 with 120 people on board make a bigger divot in the ground than a 767 full of UPS packages? Jesus! 13 hrs driving and 16 hrs on duty for adverse weather? What's next? Issuing cigarettes to all drivers so we can put a lighted cigarette between our fingers while we sleep over the wheel so it burns our fingers and wakes us up and so we can get back to truckin' for the man, like the 1930's? Christ almighty people, we are moving backwards here. No one can be so workaholic as to agree with this can they? ODFL has refused to allow this exemption for their drivers, and good for them. I guarantee that this will result in extending the length of runs and moving drivers. The weather limitations were all that is stopping this from happening right now. I'm retired, but this really pisses me off. I remember how exhausted I was coming in after fighting weather and chains and traffic and icy roads for 14 hrs. I can't imagine 2 more hrs of driving and 2 of chaining...
 
You're missing the point, gentlemen. Why in the blued -eyed hell should we have to use that to defend against the abuse of our health and safety by a gov't that apparently doesn't give a damn as proven by their flagrant disregard for the safety of UPS and FedEx pilots because they are just truck drivers in the sky, while reducing the HOS for passenger pilots because these Potomac river sewer rats fly commercial airlines, and well, hell, we can't have flight crews being tired while we or our families are on board, now can we?. Am I the only one that can see that? Does a Boeing 767 with 120 people on board make a bigger divot in the ground than a 767 full of UPS packages? Jesus! 13 hrs driving and 16 hrs on duty for adverse weather? What's next? Issuing cigarettes to all drivers so we can put a lighted cigarette between our fingers while we sleep over the wheel so it burns our fingers and wakes us up and so we can get back to truckin' for the man, like the 1930's? Christ almighty people, we are moving backwards here. No one can be so workaholic as to agree with this can they? ODFL has refused to allow this exemption for their drivers, and good for them. I guarantee that this will result in extending the length of runs and moving drivers. The weather limitations were all that is stopping this from happening right now. I'm retired, but this really pisses me off. I remember how exhausted I was coming in after fighting weather and chains and traffic and icy roads for 14 hrs. I can't imagine 2 more hrs of driving and 2 of chaining...

How many drivers have posted in different places on TB about wanting to be able to work more hours, have longer runs, etc? Many of us are our own worst enemy. :idunno: :duh:
 
How many drivers have posted in different places on TB about wanting to be able to work more hours, have longer runs, etc? Many of us are our own worst enemy. :idunno: :duh:
Yeah. I get it. But this is something the union really needs to address. It is contrary to all the principles of union safety and work rules, and hiring opportunities for union workers. James R Hoffa would get this stopped. It was a big part of what he fought for for drivers back in the day.
 
For those with severe dyslexia...


6.3.1 Illness or Fatigue (392.3)

Drivers may not operate, nor shall a motor carrier require or permit a driver to operate, a CMV if they are too tired or sick to drive safely. Operation may be discontinued at the driver’s discretion. In the case of a grave emergency, where danger to the driver, occupants, or other users on the road would increase if the driver stopped operating the CMV, the driver may continue until the nearest place the danger can be eliminated.
This federal boiler plate BS is designed to place the burden on the driver to be alert enough to realize he is fatigued to that extent. And yes, it would be used against him in court to absolve the company and the feds from blame if he has a fatigue-related accident. How many companies' supervisors are practiced at using coersion and intimidation to get drivers to ignore their right to use this? Why the hell not just say " the driver is authorized to drive as fast and as long as his wife says he needs to to buy that sweet new convertible she has been looking at, or until he has reached the point of total, dangerous, hallucinogenic exhaustion, whichever may occur first"? 392.2 (revised) To hell with taking this a step at a time going back to 1930. let's just get it over with....
 
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Visitor (non) here. I have maximized my hours for weeks on end for large portions of many years. Always legally, not always desired. I have also napped when necessary. And if I burn my 16, I don’t work Friday. Not staying in a hotel for the weekend for freight.
 
This federal boiler plate BS is designed to place the burden on the driver to be alert enough to realize he is fatigued to that extent. And yes, it would be used against him in court to absolve the company and the feds from blame if he has a fatigue-related accident. How many companies' supervisors are practiced at using coersion and intimidation to get drivers to ignore their right to use this? Why the hell not just say " the driver is authorized to drive as fast and as long as his wife says he needs to to buy that sweet new convertible she has been looking at, or until he has reached the point of total, dangerous, hallucinogenic exhaustion, whichever may occur first"? 392.2 (revised) To hell with taking this a step at a time going back to 1930. let's just get it over with....
Great post. von
 
One more comment and then I am going to get off this subject, because I no longer have a dog in this fight. Based on my nearly 50 yrs of driving commercial vehicles, I never had a weather-related accident, and we all drove if the road was open and traffic was moving, because our competitors did. But I know how fatiguing it is to drive for hours at that level of alertness and constantly watching for changing conditions, especially at night. It takes your total focus to watch everything going on and anticipate what the conditions indicate may be just ahead. Fatigue is a deceptive enemy, it creeps up on you. You may miss the warning signs. Adrenalin is a double-edged sword. It heightens your alertness, but it can push you beyond your limits, and there is always a certain amount of adrenalin dump from the enhanced danger of driving under adverse road, traffic and weather conditions. Any professional driver knows that. We have probably all driven to the point of having blackouts at the wheel, I know I have. Your eyes are open, but your vision fades out.... for what? how many seconds? That is the absolute point of no return. It will scare the bejesus out of you. What we don't need is the DOT and FMCSA helping the companies push us to that point and beyond.
 
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Visitor (non) here. I have maximized my hours for weeks on end for large portions of many years. Always legally, not always desired. I have also napped when necessary. And if I burn my 16, I don’t work Friday. Not staying in a hotel for the weekend for freight.
Your comments are welcome here. It made me think of a couple of other things I wanted to mention, and thank you for reminding me. I don't know if you drive a sleeper cab or a day cab tractor, but the day cabs we drive won't allow you to get any mneaningful rest over the wheel on 16 hr days because the damn engines have a 5 minute idle shutdown feature that can't be overridden and is MANDATED by the same sewer rats who want us to work 16 hr days now. A day cab gets damn cold in the winter when the engine dies....
 
Your comments are welcome here. It made me think of a couple of other things I wanted to mention, and thank you for reminding me. I don't know if you drive a sleeper cab or a day cab tractor, but the day cabs we drive won't allow you to get any mneaningful rest over the wheel on 16 hr days because the damn engines have a 5 minute idle shutdown feature that can't be overridden and is MANDATED by the same sewer rats who want us to work 16 hr days now. A day cab gets damn cold in the winter when the engine dies....
Estes engines shut down like that also. You get put on the bad driver list each week if you over idle because you are not being a team player to keep expenses down. Like to see the office personell sit in a freezing office but they wouldnt they would get to go home because the heat isnt working.
 
Your comments are welcome here. It made me think of a couple of other things I wanted to mention, and thank you for reminding me. I don't know if you drive a sleeper cab or a day cab tractor, but the day cabs we drive won't allow you to get any mneaningful rest over the wheel on 16 hr days because the damn engines have a 5 minute idle shutdown feature that can't be overridden and is MANDATED by the same sewer rats who want us to work 16 hr days now. A day cab gets damn cold in the winter when the engine dies....
Mechanic knew me & how they ran me. Turned idle stop off & top speed up. At least someone at the company appreciated my efforts lol
 
Go to Paul Taylor's web site https://www.truckersjusticecenter.com

Read his cases. Many on 392.3 & other reg's related to this industry. Some of them are a long read. Near the bottom of each post there is the ruling by the Administrative Law Judge. Their ruling defines very closely the reg’s & why they ruled the way they did. Knowing how & why they rule can have a profound effect on your work & ability to keep it. Good luck. von

PS The 7th Circuit court of appeals in Chicago has ruled if you mark off sick on Friday or Monday showing a pattern, and making your illness a long weekend, you have no case for being reinstated. Tread carefully.
 
For those with severe dyslexia...


6.3.1 Illness or Fatigue (392.3)

Drivers may not operate, nor shall a motor carrier require or permit a driver to operate, a CMV if they are too tired or sick to drive safely. Operation may be discontinued at the driver’s discretion. In the case of a grave emergency, where danger to the driver, occupants, or other users on the road would increase if the driver stopped operating the CMV, the driver may continue until the nearest place the danger can be eliminated.
There is also a coercion rule that protects drivers
Something is wrong here..
 
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