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Originally Posted by kreeper01
Rev, i must dispute your claim of the 14 hour rule as far as driving is concerned.
Then please show a regulation that states you can drive AFTER the 14th hour when there is no 8 hour or longer break involved.
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the 14 hours is in essence the combinations of lines 1, 3 and 4. when you are in the bunk for a minimum of 8 hours, you must show a 15 minute pre trip (i.e. on duty not driving) hence the words "on duty". when you are "on duty" either "on duty, not driving", "on duty driving" or "off duty", it still counts against your 14 hours.
Please cite the regulation that says you have to show a 15 minute pretrip after you are in the bunk for 8 hours. Besides - that doesn't change the scenario that madii'sWife gave - the driver still can not drive after the 14th hour, even though he can remain ON DUTY (not driving).
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I suggest to you madii'swife, is to get a copy of the "Safety Regulations" book and read section 395. it clearly states that out of 14 hours, you have 11 of those to drive. It also states that you have a 10 hour break, but it does not state you can take 5 hours off duty and 5 hours in the bunk. Alot of people may dispute this, however, if it is not written in the safety regulations book, then i am legally able to take 5 hours off duty and 5 hours in the bunk, so long as that truck does not move for 10 consecitive hours.
You are absolutely right, but this is not the question that madii'swife asked. She wanted to know if a 3 hour break (by itself) would stop the 14 hour clock, which it won't.
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Also, if your truck needs fuel, you have to log it as "on duty, not driving" for 15 minutes, which does count against your 14 hours of on duty.
Please cite the regulation for that one as well. The FMCSA regs only state that fueling is ON DUTY (not driving). The regulations also state that ANY activity under 15 minutes can be "flagged".
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Rev, i do not know where you came up with what you wrote? When you are on line 1, 3 and 4 you are considered to be "on duty", the only way you can stop that 14 hour clock from ticking away is to log it on line 2 for a "minimum of 8 hours, no more than 10"!!!!
The "no more than 10" is no longer valid. ANY period of 8 hours or more will stop the 14 hour clock, even if it is longer than 10 hours.
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[color=blue]G-3. How does a driver who is utilizing the sleeper berth provision calculate his or her compliance with the 14-hour rule?
A sleeper-berth period of at least 8 consecutive hours is excluded from calculation of the 14-hour limitation. All other sleeper berth periods are included in the 14-hour calculation (unless part of a sleeper-berth/off-duty combination of 10 or more consecutive hours).
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(g) Sleeper berths.
(1) General property-carrying commercial motor vehicle. A driver who
is driving a property-carrying commercial motor vehicle that is equipped
with a sleeper berth, as defined in Sec. Sec. 395.2 and 393.76 of this subchapter, may accumulate the equivalent of 10 consecutive hours of off-duty time by taking a combination of at least 10 consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:
(i) Neither rest period is shorter than two hours;
(ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 11 hours;
(iii) The driver does not drive after the 14th hour after coming on
duty following 10 hours off duty, where the 14th hour is calculated:
(A) by excluding any sleeper berth period of at least 2 hours which,
when added to a subsequent sleeper berth period, totals at least 10
hours, and
(B) by including all on-duty time, all off-duty time not spent in
the sleeper berth, all sleeper berth periods of less than 2 hours, and
any sleeper berth period not described in paragraph (g)(1)(iii)(A); and
(iv) The driver may not return to driving subject to the normal
limits under Sec. 395.3 without taking at least 10 consecutive hours
off duty, at least 10 consecutive hours in the sleeper berth, or a
combination of at least 10 consecutive hours off duty and sleeper berth
time.
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As i posted above, Rev, pull out your Safety Regulations book and pay close attention to section 395, word for word.
I don't see where anything I stated is incorrect. The 3 hour sleeper berth break that madii'swife spoke of would not stop the 14 hour clock. What are you getting at? :?
I think you are mis-reading what I wrote.
