Electronic Logging Device Rule - Escorting to a Safe Location

In an electronic logging environment even with training and trip planning and the assistance of devices there are occasions where drivers will reach an hours of service limit and not be in a location that is safe for them or the motoring public, for example on the side of the road. While there is a Federal rule which states that a driver shall not violate an hour of service rule and a carrier will not direct the violation of any Federal rule we also know that roadside parking for long period of times is of great risk to the motoring public even though there is no Federal rule prohibiting roadside parking.

Today in part 396 Inspection, Repair and Maintenance section there is recognition of the larger risk that at time occurs when a maintenance defect is found. Rule 396.7 states: (a) General. A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle. (b) Exemption. Any motor vehicle discovered t o be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can safely be effected. Such operation shall be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.

CVSA in its official comments on the current SNRPM Electronic Logging Device rule to include support of an exemption in 395.1 similar to the exemption in 396.7 worded as exemption: should maximum driving time be reached while being operated on a highway may be continued in operation only to the nearest place where a break can safely be taken. Such operation shall be conducted only if it is less hazardous to the public than to permit the vehicle to remain on highway.