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Flying Dutchman
March 12th, 2006, 10:14
Have you ever written anyone for this violation? If so, was it someone in a 'four-wheeler' or was it a commercial vehicle?



§ 46.2-812. Driving more than thirteen hours in twenty-four prohibited.

No person shall drive any motor vehicle on the highways of the Commonwealth for more than thirteen hours in any period of twenty-four hours or for a period which, when added to the time such person may have driven in any other state, would make an aggregate of more than thirteen hours in any twenty-four-hour period. The provisions of this section, however, shall not apply to the operation of motor vehicles used in snow or ice control or removal operations or similar emergency situations.

No owner of any vehicle shall cause or permit it to be driven in violation of this section.

(Code 1950, § 46-219; 1958, c. 541, § 46.1-201; 1978, c. 12; 1989, c. 727.)



Would someone in a 'local' commercial vehicle (with no log book) fall under such a restriction of the aforementioned code? What about a driver of a CDL "Class B" straight truck?

Does this cover driving time only, or time spent at stops delivering, fueling, or peforming other duties associated with working (but not being behind the wheel)?

Do many people actually admit to driving thirteen hours? How could it be done without stopping for food, fuel or bathroom breaks?

Just curious.

Crystal Pistol
March 13th, 2006, 01:30
Well, that section applies to anyone unless engaged in the operation of motor vehicles used in snow or ice control or removal operations or similar emergency situations.

It's aggregate time, or time when added up together, would equal more than thirteen hours in a 24 hour period. It's not 13 hours straight. It also is not referring to awake or on duty time, it's simply driving time.

It even applies to me, I can work a 16 hour shift, but I cannot drive for more than 13 hours of it. In actuality, in a 16 hour shift, I might have 5 hours or less actual driving time.

Yeah, we do occasionally have someone say at two am that they have been on the road since 6am driving steady except for gas or food and talk about how tired they are attempting to gain sympathy for the speeding or weaving, and after all is said and done, they have 20 hours since they got behind the wheel and deducting meals, etc, still well in excess of 13 and in Va. now ... yeah, they admit to it readily enough. I have charged it occasionally, usually in a wreck or near wreck, both CMVs and in some POVs.

:)

windcatcher
March 13th, 2006, 08:20
WOW and double WOW!
I never knew such a law existed.
Glad I wasn't caught...but then maybe Texas and NM don't have this one on their books....or maybe we were plain lucky when in 1991 set out for vacation from Pensacola FL, Sat afternoon and arrived the next day about noon in Carlsbad NM in time to take the long trip through the caverns...... I did the driving. Only breaks for brief naps and refreshment and fuel...

USAF_2T2
March 14th, 2006, 22:09
Never have heard of that myself. I will see if we have that in NC.

The_Governor
March 18th, 2006, 19:50
Never in a CMV but I have done non-stops(except for fuel and necessary breaks)from Miami,Fl to Dallas,Tx and Dallas,Tx to Washington D.C.


Miami to Dallas was done in 84 in an 83 Toyota pick-up,no radio,no A/C,late August.

David_Reed
March 26th, 2006, 18:14
1974-straight thru Las Vegas to Seattle, POV, 23.5 hours.

1984-straight thru Las Vegas to Sandpoint, ID, POV, 18 hours.

Wouldn't even try it today, but, back then it seemed like life moved too slow and you just had to get where you wanted to be a soon as possilbe, if not sooner.

Of course, back then I was used to staying up as long a it took to do whatevevr I had to do regardless of how long it took.

Setting up several shows in the many years I did stage work, it was not uncommon to go to work and not leave till 2-3 days later. Once, in 1990, I put in 92 hours straight just to get a show off the ground on time. That's showbiz, "The show must go on!".

Farmer_Joe
March 30th, 2006, 00:01
98 - I went from Youngstown, OH to home in sw Sask, 1840miles - 34.5hrs

Last June I went from home to Phoenix, Az in 1520 miles - 26hrs. Them hills throughout I15 were a bit tiring after awhile and I needed a 2hr nap on my p/u seat about 4:30am. I came back around through Denver, considerably flatter & easier to drive straight through in 28hrs. I was stopping every 8 hrs for gas & a coffee and every 4hrs to get rid of the coffee I had earlier.

I'm always well rested before I leave on a trip b/c I never sleep well anywhere but my own bed at home. And I don't know why it is, but when I gotta go somewhere I just gotta go till I get there. I'll lie awake all night in a hotel room, so it's just a waste of money & time.

Crystal Pistol
March 30th, 2006, 12:42
Not to "pick" or "rag" on anyone, but just something to keep in mind....

We have a fellow here serving a 2-1/2 year sentence in the local jail for "reckless driving" (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-868) (not transfered to a state pen, an agreement to let him serve it here was made, it maybe softer time, but it's still time) from way up in Canada (his family can only visit rarely due to distance) who rear ended a small car in a work zone and the car was partially run over, and spun into a bank as it flipped, and a lady in the back seat died. The truck driver had just over 21 hours steady running under his belt, and passed an off duty "from out of state somewhere" cop and his family just a few moments before hitting the car going about 50-55 in the work zone. This fellow admitted to running near 70 his ownself until he saw the car they were catching up ahead in the right lane at which point he braked to give the truck plenty room to come left, which it didn't do, nor did it slow until after it hit. Truck driver said car was stopped in road... which made no sense except that he was surprised by it's presence when he shouldn't have been.

:noclue: Fatigue? :noclue:

I had another one a couple years ago pull 1-1/2 years (he lives in another state, his wife and kids couldn't make the trip often either) locally for "reckless driving" (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-868) who was not speeding, but who just got distracted for a few moment and ran up onto stopped traffic on a hill crest on the interstate at 67 mph (download off truck and witness statements all support that), he had 800 feet to see brake lights (67 mph is a hair over 98 feet per sec, you can do the math), but in that 800 feet ... or the first 600 feet of it anyway, he was looking down. One young man died in a car he hit. Log showed he had picked up his load some 8-9 hours earlier, and no stops since.

:noclue: Fatigue? :noclue:

Normally, "reckless driving" (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-868) is punished as a class 1 misdemeanor with a max of 12 months in jail or $2,500 fine or both, but if someone dies because of it, it becomes a class 6 felony punishable:(f) For Class 6 felonies (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-10), a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

It only takes but a moment of distraction or innatention at the wrong time or a bit of fatigue to cost you or someone else dearly. Four wheeler or big truck, it can happen and it's like that proverbial "bell that can't be unrung".
:thinking:
Later gang, take care ............. :)