Adverse Condition Definition Cont.
Question: How may a driver utilize the adverse driving conditions exception, or the emergency conditions exception as found in § 395.1(b), to prevent an hours of service violation?
• Drivers who are dispatched after the motor carrier has been notified or should have known of adverse driving conditions are not eligible for the two hours additional driving time provided for under § 395.1(b), adverse driving conditions. • The term “in any emergency” shall not be construed as encompassing such situations as a driver’s desire to get home, shippers’ demands, market declines, shortage of drivers, or mechanical failures.
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