§395.2 Questions

[Musicman]

§395.2 Definitions.

...On duty time shall include:

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;...

If all time spent in a CMV other than when RESTING in the sleeper berth is to be considered on-duty, does that mean that time spent engaged in sexual intercourse (obviously not resting, unless you are my ex-wife) in the sleeper must be considered on-duty? What line should the time spent on this activity be logged on? If I am in the sleeper but yet not resting and therefore on-duty, do I log this on Line 4? Does this now mean we have a line 6 to worry about? There are so many possibilities here. Does it depend on the actual acts being performed and how strenuous they are as to whether or not I am considered on-duty or not?

[Myth_Buster]

Does it depend on the actual acts being performed and how strenuous they are as to whether or not I am considered on-duty or not?

Careful, one company volunteered to have their drivers wear bio-rythm wrist devices to monitor breathing and pulse to demonstrate they were sleeping. The carrier was volunteering for consideration to be excepted from the HOS for the testing period.

With the EOBR rule making pending before Mr. Hill departs 01/20/2009, I'm sure activities on Line 5 and 6 will go away.

Commercial Vehicle Training Association - FMCSA Sends EOBR Rule to White House for Review

Be safe.

[got mud?]

§395.2 Definitions.

...On duty time shall include:

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth;...

If all time spent in a CMV other than when RESTING in the sleeper berth is to be considered on-duty, does that mean that time spent engaged in sexual intercourse (obviously not resting, unless you are my ex-wife) in the sleeper must be considered on-duty? What line should the time spent on this activity be logged on? If I am in the sleeper but yet not resting and therefore on-duty, do I log this on Line 4? Does this now mean we have a line 6 to worry about? There are so many possibilities here. Does it depend on the actual acts being performed and how strenuous they are as to whether or not I am considered on-duty or not?

no worries musicman it has to be at least fifteen min to log it. your safe

[golfhobo]

Careful, one company volunteered to have their drivers wear bio-rythm wrist devices to monitor breathing and pulse to demonstrate they were sleeping. The carrier was volunteering for consideration to be excepted from the HOS for the testing period.

With the EOBR rule making pending before Mr. Hill departs 01/20/2009, I'm sure activities on Line 5 and 6 will go away.

Commercial Vehicle Training Association - FMCSA Sends EOBR Rule to White House for Review

Be safe.

Bull*****!!!

[allan5oh]

Line 5 is required before line 6.

[Musicman]

Okay, everybody has made their cute comments, which I was hoping would be generated by my initial post; but we really haven’t gotten down to the real implications of this regulation. I used sex in my example because it draws attention and also helps make a point, but what does this say about other activities that commonly take place in the sleeper? I have seen DOT officers descend on rest areas and get drivers out of the sleeper to do a level three inspection. What if your log shows you on line three, but you are cooking in the sleeper? What if you and your co-driver (wife in my case) are playing cribbage? You are clearly not resting even though you are in the sleeper, so can they gig you for showing line three on your log in that case?

[Musicman]

no worries musicman it has to be at least fifteen min to log it. your safe

Are you kidding? Fifteen minutes doesn't even cover 1/2 of the foreplay! The real question is whether or not (depending on the specific types of activity being engaged in) I can log line 1 for an hour and a half for a meal break.

[allan5oh]

Rest <> sleep

Sex and all those other activities are considered rest.

The only thing I could "see" being on duty would be work specific things, doing your logbook, paperwork, if you do them in your sleeper.

Everything else in your sleeper is rest.

[Rev.Vassago]

Okay, everybody has made their cute comments, which I was hoping would be generated by my initial post; but we really haven’t gotten down to the real implications of this regulation. I used sex in my example because it draws attention and also helps make a point, but what does this say about other activities that commonly take place in the sleeper? I have seen DOT officers descend on rest areas and get drivers out of the sleeper to do a level three inspection. What if your log shows you on line three, but you are cooking in the sleeper? What if you and your co-driver (wife in my case) are playing cribbage? You are clearly not resting even though you are in the sleeper, so can they gig you for showing line three on your log in that case?

The only activity that the FMCSA regulates in regards to the sleeper berth is repeated interruptions by the motor carrier. Otherwise, they do not regulate what you do in the sleeper berth. Any time not on line 3 or 4 is considered "resting" time. You are associating "resting" with "sleeping". The FMCSA makes no such distinction.

The real question is whether or not (depending on the specific types of activity being engaged in) I can log line 1 for an hour and a half for a meal break.

If you are in the sleeper berth, you need to log it on line 2. You cannot log line 1 in or on a CMV unless you are using the CMV for personal conveyance, which can only be done with an unladen CMV.

[mike3fan]

sleeper berth is a location not an activity.as long as you are not doing paperwork or other job related activities in the sleeper berth then it is logged on line 2

[mike3fan]

What if your log shows you on line three, but you are cooking in the sleeper? What if you and your co-driver (wife in my case) are playing cribbage? You are clearly not resting even though you are in the sleeper, so can they gig you for showing line three on your log in that case?

Line 3 is driving,since you are clearly not driving if you are cooking in the sleeper then yes they can give you a violation for that.

[Myth_Buster]

Rev:

The only activity that the FMCSA regulates in regards to the sleeper berth is repeated interruptions by the motor carrier. Otherwise, they do not regulate what you do in the sleeper berth. Any time not on line 3 or 4 is considered "resting" time. You are associating "resting" with "sleeping". The FMCSA makes no such distinction.

IMHO the reason why the interuption affects the SB time is because typically the driver must exit the SB to read or answer the messages on the messagoing service.

Mike3fan:

sleeper berth is a location not an activity.as long as you are not doing paperwork or other job related activities in the sleeper berth then it is logged on line 2

I agree with the portion underlined.

There would have to be a video or multiple witnesses to allocate the drver was in the cab (not SB) or doing other functions. I cannot tell you how many times drivers have been cited for false logs when they logged SB with fuel receipts or toll receipts indicating they were else where. The driver may have been able to have logged off-duty as they were between loads; however, you cannot drive from the SB.

Be safe.

[golfhobo]

Hobo's fingers are itching again!

[Rev.Vassago]

Hobo's fingers are itching again!

I just took a survey, and nobody cares.

[golfhobo]

I just took a survey, and nobody cares.

Only had to ask yourself, eh? I'm surprised you could interpret your own answer.