What should a driver do if they run out of hours before reaching a safe parking spot?

When a driver runs out of Hours of Service (HOS) but cannot find a safe parking spot, they should follow specific steps to remain compliant with regulations and ensure safety:

  • a. Use the Personal Conveyance Exception: The Federal Motor Carrier Safety Administration (FMCSA) allows drivers to use the personal conveyance exception under certain conditions. This permits the use of a commercial motor vehicle (CMV) for personal reasons, such as reaching the nearest safe parking location. However, the driver must ensure they are not advancing their load or driving beyond what is reasonable to find parking.
  • b. Communicate with Dispatch: Drivers should immediately inform their dispatcher or fleet manager about the situation. Transparency helps to avoid misunderstandings and ensures that the company is aware of potential delays or deviations from the planned route.
  • c. Document the Situation: Detailed documentation is critical. Drivers should note the time, location, and reason for exceeding HOS in their logbook or electronic logging device (ELD). This record can help explain the situation during a roadside inspection or in the event of an audit.
  • d. Plan Ahead: To avoid such scenarios, drivers should proactively plan their routes with parking availability in mind. Tools like apps and websites that provide real-time parking availability can be incredibly helpful.