Adverse Condition Definition Cont. (395.2)
Question: Does the exception cover known road construction? • Guidance: No. The exception does not cover things such as road construction or detours except when they could not reasonably be known before the driver started driving, such as accidents that significantly interferewith traffic movement. Nor does it cover detention time, breakdowns, or enforcement inspections that could be anticipated in the industry. Question: Does a driver need to annotate their log when declaring an adverse driving exception? • Guidance: YES. This could potentially be an audit point for a motor carrier involved in an accident and/or roadside inspection.
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