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Today we will talk about Adverse Driving Conditions definition, exception and some common questions about it?
What is the definition of Adverse Driving Conditions?
Previous Adverse driving conditions means snow, sleet, fog, or 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.
According to new definition- Adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or a motor carrier immediately prior to dispatching the driver.
Under the previous rule, drivers were granted an exception to the 10- or 11-hour driving limits when unforeseeable adverse driving conditions affected their route
Drivers can extend duty day and driving time by up to 2 hours when adverse driving conditions are encountered
– Up to 2 hour extension applies to both:
• Property carrier 14-hour driving window (§ 395.3(a)(2))/11-hour driving limit and
• Passenger carrier 15-hour on-duty limit (§ 395.5(a)(2))/10-hour driving limit
• Adverse driving conditions definition now considers the role of the driver
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Can drivers use the adverse driving conditions exception to cover delays caused by
Accidents involving the driver
No
Detention time, breakdowns, or enforcement inspections
No
Loading/unloading
No
Road construction or detours
No, except when the driver could not reasonably know about the construction/detour prior to driving
There are some Common Questions regarding Adverse Driving Conditions. Let's talk about it.
First questions is Are there any restrictions on how often the adverse driving conditions exception can be used?
Answer to this question is No. There is no limit provided the adverse driving conditions exception is used consistently with the definition in § 395.2.
Second question is What is a "qualifying rest break or sleeper berth period" under the definition of adverse driving conditions?
Answer is- A qualifying rest break or sleeper berth period is: • Any 10-consecutive hour or more break OR • Under the sleeper berth exception: – A sleeper berth period of at least 7 hours – Paired with a separate rest period of at least 2 hours in the sleeper berth or off-duty – These two periods must total at least 10 hours. The 30-minute break is not a qualifying rest break or sleeper berth period under the adverse driving conditions definition.
Lets move to our third question-
Are drivers required to annotate an adverse driving condition they encountered on their electronic logging device (ELD)?
Answer is Yes. A driver is required to annotate the use of the adverse driving conditions exception on the electronic logging device under § 395.28(c). If the roadside officer can prove there was no adverse driving condition, the driver should be cited for the applicable violation of § 395.3 or § 395.5.
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