Question:
question i have is that through all the driving ive done, i have yet to be pulled for an inspection of any type. This is actually a two part question:
1) What is the rule for being oos as far as not being allowed to go anywhere? Say you are put oos at a chicken coop and there are no available soda/snack machines, and after they close the coop there will be no bathroom available either. Aren't d.o.t. officials supposed to make sure these things are available to you?
2) If you are layed over for what ever reason, and you drop your trailer, say to go to a store like a walmart or to go say to a beach or something, to get away from the truck stop or where ever you are. Doesn't that tractor then become clasified as a personal vehicle?
The reason im asking is because i've heard alot of drivers say that they have been put oos and dot would not let them go to a truck stop 2 miles up the road to eat, shower or anything, and there were no services available to them at the chicken coop. Now i know we have rules to follow, but what about th D.O.T.? I know there is a web sight but i cant find the info, to tell me what they are allowed to do and not to do to drivers. Any help you can give would be greatly appreciated.
If i'm the worst thing that happens to you today... then you had a good day!!!

Answer:
1) What is the rule for being oos as far as not being allowed to go anywhere? Say you are put oos at a chicken coop and there are no available soda/snack machines, and after they close the coop there will be no bathroom available either. Aren't d.o.t. officials supposed to make sure these things are available to you?
The driver is OOS from driving a CMV, nothing stops a driver from using public transportation or calling a taxi.
2) If you are layed over for what ever reason, and you drop your trailer, say to go to a store like a walmart or to go say to a beach or something, to get away from the truck stop or where ever you are. Doesn't that tractor then become clasified as a personal vehicle?
Yes a CMV can be used as a personal conveyance, per:
§395.8 Driver's Record of Duty Status
Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?
Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
There is an exception which we’ll get to in a second.
The reason im asking is because i've heard alot of drivers say that they have been put oos and dot would not let them go to a truck stop 2 miles up the road to eat, shower or anything, and there were no services available to them at the chicken coop. Now i know we have rules to follow, but what about th D.O.T.? I know there is a web sight but i cant find the info, to tell me what they are allowed to do and not to do to drivers. Any help you can give would be greatly appreciated.
Now the exception:
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.
§395.13 Drivers Declared Out of Service
Question 1: May a driver operate any motor vehicle, at the direction of the motor carrier, after being placed out of service for an hours of service violation?
Guidance: An out of service order issued under §395.13 extends only to the operation of CMVs. State procedures may differ.
Question 2: May a driver operating a CMV under a lease arrangement with a motor carrier, after being placed out of service for an hours of service violation, cancel the lease and continue to operate the vehicle as a private personal conveyance?
Guidance: No. Cancellation of a lease does not relieve the driver of the responsibility of complying with the out of service order which prohibits the driver from operating a CMV.
Interpretations Part 395
So the officers are going by the book.
What you must consider is, the driver is in violation of the law. The driver's ability to operate a CMV is prohibited, the driver can still go to a truck stop, motel or where ever else he/she wishes to go provided it is not in a CMV.
Keep the faith.
Mike
Disclaimer: The views posted are those of the author and in no way represent the US Department of Transportation or the Federal Motor Carrier Safety Administration. The accuracy of the rules posted are subject to the status of rules and regulations posted by the GPO and other Government Agencies. The author accepts no responsibility for inaccuracies of any posted regulation or interpretation. Readers should seek legal counsel for all legal issues.

Answer:
Mike under Question 26: wouldn't a driver be allowed to drive to the truck stop if he dropped his trailer and was no longer laden?
"The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden."
"Life, Liberty and the Pursuit of all who threaten it"
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Answer:
No. The second part of Question 26 is:
A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.
FYI the web sites were posted so people could print out the interpretation or rule if desired.
Keep the faith.
Mike
Disclaimer: The views posted are those of the author and in no way represent the US Department of Transportation or the Federal Motor Carrier Safety Administration. The accuracy of the rules posted are subject to the status of rules and regulations posted by the GPO and other Government Agencies. The author accepts no responsibility for inaccuracies of any posted regulation or interpretation. Readers should seek legal counsel for all legal issues.

Answer:
It's for that reason you'll hear drivers on the CB after being OOS for a ride to the T/S. They cannot drive but can get a ride to a motel or T/S and a ride back to their truck when the OOS hours have been met.
No, the DOT doesn't need to provide bathroom or any other conveniences. Don't get caught urinating or anything else of their property. That is state property and the law is clear, you do not trash, urinate, or # 2 on state property.
The fines can be heavy depending on state. In the state of OR. the fine can be as high as $2500.00 for leaving urine filled bottles.
http://www.mvonline.com/dhonline/dho0429-17.html#TopOfPage

Answer:
Call the Federal Marshals service!
They will give you a ride to the truckstop!
Sorry Mike, I couldn’t resist!
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Indiana RoadRunner
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"Life, Liberty and the Pursuit of all who threaten it"
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