$400 ticket for driving comercial vehicle after 16 hr elpsd

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kiza
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$400 ticket for driving comercial vehicle after 16 hr elpsd

Unread post by kiza on

hi, i received a 400$ ticket for driving after my 16 hrs elapsed... i encountered road construction 20 kms away from my home terminal with 15 hrs and about 50 minutes of my 16 hr work day elapsed.. i was in stop and go traffic for about an hour untill reaching end of construction zone which was about 8 kms from my destination... ofcourse i drove the last 8 kms and loged off duty when i got to the yard which was 1.25 hrs over my 16 hrs.. i went throught the scale 5 days later and they gave me ticket for driving afeter 16 hrs even after i explained what happened.. should i fight this? would construction delay be considered adversed condition and would that extend my 16 hr day? i travelled through the same site every day that week and never encountered more then 10 min delay... there are no truck stops or rest areas between the point where construction started and my destination.. the only place i could've stopped and taken my 10 hrs off would be the shoulder of the highway or exit ramp which would not be a good idea as i got ticketed for sleeping on the onramp to the highway :)..
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hwybear
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Unread post by hwybear on

The maximum you can drive in one day is 13 hours.
The maximum total on-duty time in one day is 14 hours.
Therefore you should have stopped driving 1hr 50min prior to even reaching that construction zone.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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kiza
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Unread post by kiza on

yes you are right but i had 2 consecutive hrs off duty in those 14 hrs which extends my working day from 14 to 16 hrs... i did not go over 13 hrs driving or over 14 hrs combined on duty and driving
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hwybear
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Unread post by hwybear on

the regulation pertaining to logs also has:
- After 16 hours have elapsed from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time
- adverse weather conditions a driver may increase the driving time permitted by up to two hours and the on-duty times permitted by those sections by up to two hours IF the 16 hour elapsed time (time since last 8 consecutive hours off) required is not exceeded

- for adverse road conditions you can extend your day, however it is very clear that one can not go beyond 16hrs total, PLUS a driver MUST indicate in the log immediately why the day was extended.




Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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