Musicman said:
Quote:
Originally Posted by
golfhobo 
In such a case, he would probably be able to move sooner by completing a 34 hour restart that would start the minute he was put OOS. (provided no one took his hood off!
Quote:
|
Unless I'm mistaken, you cannot get a restart by logging line 2.
|
Yes, you are mistaken.
First.... nothing I said in what you quoted (or otherwise) indicated that the driver WOULD be spending all 34 hours in the sleeper. Even while OOS, he is free to leave the vehicle on line 1.
Second... as I've explained many times to the Rev and others, all time on EITHER line 1 or line 2 is considered as OFF DUTY time. They can be combined in ANY amounts desired (without ANY restriction) for either a 10 hour full break.... OR a 34 hour restart.
Third.... assuming he is in Death Valley or somewhere, and has a porta-potty and a fridge, he COULD spend the entire 34 hours in the sleeper if he wanted to.... and it would count as a restart.
Quote:
|
I used to do this, but stopped becasue I had received guidence that CA would put a serious hurting on me for it. The regs state (section 395.2, of course):
|
I don't blame you, and I understand. I once logged an entire 34 hour restart as being in the sleeper and was questioned about it by an AZ trooper during a roadside. He didn't exactly LIKE it... but, he couldn't cite me for it. [no way for him to disprove it.]
Quote:
395.2 (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
395.2 (c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
|
Not sure exactly why you quoted this... unless it is because you are under the misconception that the ONLY "off duty" status is line 1. You do NOT have to be on line 1 and OUTSIDE your vehicle for 34 hours to log a "restart." Just like the 10 hour break, it can be ANY combination of lines 1 and/or 2.... as long as they are consecutive for the entire 34 hours.
Quote:
|
...and a sleeper birth does not qualify.
|
It most CERTAINLY does.
This does NOT apply in this case, or ANY case involving a property carrying vehicle. I could... but would rather NOT... discuss it, unless you remain confused about the difference between THIS and a trucker utilizing his sleeper berth during a 34 hour restart.
Bottom line.... a trucker can log lines 1 and 2 "alternatively" as long as consecutively to accumulate a 34 hour restart. [However.... they SHOULD represent the actual activitiy of the driver.]
If you spend all 34 hours outside the truck, it should be logged on line 1. But, it IS possible (and legal) to log the entire 34 hours on line 2 IF that is what really happened.
And, BTW.... OOS time COUNTS towards a 34 hour restart... which was the point of my post.
I hope I've been helpful.
Hobo