3 Rules for Claiming Adverse Conditions

Aug 25, 2021 3:48:48 PM / by Erin Sullivan

Kevin is making good time and has one stop left before he can head home to his family. He's headed South on I-75 and completely forgot about Hurricane Dorian headed inland. As it goes, the interstate turns into a parking lot.

Kevin is losing drive time. This is one of the problems drivers blame on ELD. Thankfully, the Federal Motor Carriers Safety Administration (FMCSA) has amended rules and regulations surrounding how to claim adverse conditions. 

Adverse Conditions allows an additional two hours of shift and drive time when drivers encounter unexpected delays, but keep these three rules in mind:

The 2-hour extension applies to the 11-hour drive clock and the14-hour shift clock, but the cycle clock is not extended.

Adverse Conditions can only be used to get to safety, or to finish a run that could have reasonably been completed without a violation, under normal circumstances.

Only unexpected or unusual events qualify. It doesn't count if you knew about it before being dispatched, like a forecasted weather event, or if you could have planned a route around it, like normal rush-hour traffic delays.

What counts as Adverse Driving Conditions:

According to the FMCSA it can be any number of adverse weather-related events that include snow, sleet, fog. It also includes roadways being covered with ice and snow. 

The FMCSA says these adverse events also include unusual road and traffic conditions that aren't known to the dispatcher at the time the job given. 

Three easy steps for claiming Adverse Conditions in the Blue Ink Tech app:

For your safety, you can't navigate the app while driving, but once you get to a safe place you can follow these steps:

Tap the green plus sign in the bottom-right of the Hours of Service screen, then choose Adverse Conditions from the menu (the blue circle with the +2hr).

A message box will pop up for you to approve the 2-hour extension to the drive and shift clocks. The default notation will read "Adverse conditions per 395.1(b)(1)", but you can edit it or add to it.

Once you've approved the extension, the app will add 2 hours to your available drive time and shift time. The default notation will show on your logs in case of a roadside inspection.

 

Two screenshots of the Blue Ink Tech app; one of the HOS screen with the menu open, the other of the Adverse Conditions pop up box for the driver to approve the note and additional 2 hours.

Try the BIT ELD to help maximize your drive time


For more information, take a look at the FMCSA Adverse Driving Conditions Hours of Service Fact Sheet: 

Adverse Conditions Fact Sheet10241024_1

 

Topics: ELD, FMCSA, Adverse Conditions

Erin Sullivan

Written by Erin Sullivan