Busting The Safe Haven Myth - Help Me Out Here Could Ya?

Ok the TruckingTruth research arm is looking into this one but so far we have this:

Adverse Driving Conditions Exception

If unexpected adverse driving conditions slow you down, you may drive up to 2 additional hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. "Adverse driving conditions" means conditions that you did not know about when you began your trip like snow, fog, or a road closure due to a crash. Adverse driving conditions do not include situations that you should have known about through proper trip planning, such as congested traffic during typical "rush hour" periods. Even though you may drive 2 extra hours under this exception, you are not allowed to drive after the 14th consecutive hour after coming on duty.

So Daniel you're right - it is opinionated - but that's the nature of the Adverse Driving Conditions Exception. In your opinion you could have made it legally if it wasn't for something happening that was completely unexpected like a traffic accident or a sinkhole in the highway. But poor weather that was forecasted or regular rush hour traffic would not count because those things were not unexpected.

We're still looking into the "safe haven" aspect of this to see if anything exists with that term in it.

(b) Driving conditions —(1) Adverse driving conditions. 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 2 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.

(2) Emergency conditions. In case of any emergency, a driver may complete his/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.

The above is 395.1 cut and pasted from the FMCSA. I bolded the part about "a place offering safety," aka "safe haven." That's where the term comes from, and it is permitted within the law. However, I don't think being delayed at a shipper or receiver would count as an unforeseeable delay.

One other exception to the hours rule might be getting equipment or supplies to an area that is part of a "declared emergency."

FMCSA and Declared Emergencies

Dave

I think all our members should read this thread and then comment that they did so. This is a very common misconception and we need to ensure that the myth has been busted at TruckingTruth. I would hate for someone to use the mythical "Safe Haven" rule and then get in trouble.

Read it. (Scratches head in confusion)

Read it. (Scratches head in confusion)

Let's talk about it...What are you confused about?

.....be permitted or required to drive a commercial motor vehicle for not more than 2 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 ... I bolded the part about "a place offering safety," aka "safe haven." That's where the term comes from, and it is permitted within the law...

(Scratches head in confusion.....some more) I need to study this better. Lol it doesn't look like it's completely busted. Mudflap's quote seems to suggest it's not busted. I'll keep prying my brainpan open and stuffing this in there. I'm sure it will come together for me. I should focus on my regular studies for now I guess. I'm not even attending school yet so....

I think Mud Flap took stuff out of context and left out the most important details which is why there has always been so much confusion on this subject...

Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include sit­uations that you should have known about, such as congested traffic during typical “rush hour” periods.

If the following conditions apply, then you can drive for up to 2 additional hours ( 13 hours total, as long as you do not exceed your 14-hour rule. All Steps must be met- see step below.

1) You unexpectedly run into snow, sleet, fog or other bad weather or a highway covered with Snow or Ice or usual road or traffic condition

2)The person who dispatched your run was NOT and could not have been aware of those conditions

3) The run is one that you could have normally complete in 11 hours and

4) You are able to complete the (extended) run without exceeding the 14 or 70-hour limits

YOU CAN NOT use the adverse driving conditions exception for delays that YOU should have known about, such as congested traffic during rush hour.

I think it would be very difficult to meet these steps. It would also be on a very very rare occasion if it ever did happen. With todays technology 99.9% of the weather conditions are predicted or you should have known about so that cancels that reason out. Also how many times in your life have you found yourself caught up in a catastrophic wreck? You would either be involved in it which is a whole different situation...or not involved in it and you would be taking a detour more than likely.

Either way you still can't extend your 14 hour clock no matter what. So even if you could drive two more hours it would have to be before your 14 was up. So theee are just to many factors and criteria hindering you from even coming close to meeting these standards. It would be a very very rare occasion if you did.

Hmmm I got it now. Thanks you guys are really helpful.

Imagine that, a gray area??? When I was with Prime, (and also with a PSD on board) I ran into a situation in which both my PSD and my hours expired due to heavy traffic getting to a pick up and a delay at the shipper. We were in New Jersey on Memorial Day weekend on a Friday late afternoon. The closest truck stop was 27 miles away, but due to heavy "get away" traffic, it would have been nearly a 90 minute drive. I called a local police department and explained our dilemma and the dispatcher took my number and had a local DOT officer call me right back. When I explained to him what was going on (the shipper would not allow us to stay on the property) He offered us two options to get to a "safe haven." #1 was to head to the police station and take a 10 hour break. However the parking lot was small and the possibility of us having to move the truck a few times during the break was high. He also suggested a vacant lot not far from the shipper. (about 7 miles) He said we could park there for 10 hours and he'd be sure to let units in the area know not to bother us. He then offered (and came) to the shipper and had me follow him to the lot and get parked. He was happy to help out and told me that his father was a retired "trucker" and he understood our situation.

I asked this officer what was considered a "safe haven" and he didn't have a concrete answer to it. I was so tired from the long day I didn't have the energy to drive in heavy traffic to have a restroom and place to eat so having a safe place to park (a place where we wouldn't get a ticket and had passing units check on us) was considered a "safe haven." The only wisdom he gave me was that if I insisted on driving to the truck stop for my safe haven and I got into an accident, I'd have the book thrown at me by most any judge I'd face. I heeded that advice as I know my limits and driving in bumper to bumper, stop and go traffic would have made me even more tired than I was already feeling. And of course I couldn't have my PSD drive at all being over hours.

Hi. I really appreciate this thread as I've often wondered about this. I'm just starting out so I can use all the advice I can get. From what I've read there seems to be the additional two hours limit for the adverse conditions but not past the 13th hour. Couple of years ago I was driving my car to Missouri from I-24 in Tennessee. There was a huge accident and in the course of two hours I moved about 5 miles. No joke. There were a good number of tricks on the road there and it took three hours to reach the off ramp where everyone was being detoured around the accident site. Now granted I assume one should have more than three hours left driving time but of one got caught in a situation like that, where it takes 3 to 5 hours or more just to get to the nearest off ramp and that doesn't even mean there will be a truck stop or rest area there, what would be the best course of action?

I see that some of you have called the police and DOT and been helped graciously, so would that be best course of action?

On I-24 there are areas where it's impossible to pull off unless you get to an exit that leads into a town or truck stop.