Hours of Service

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  #21  
Old 02-14-2007, 03:33 PM
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Default Re: Hours of Service

Originally Posted by Rev.Vassago
Originally Posted by Gibb
I have been told by a few drivers that you can split your sleeper berth still? I have always thought that once your 14 hour clock starts nothing can extend it except a 10 hour break 8 hours sleeper and 2 hours off duty before or after your sleeper time. Can someone clarify this for me.
Yes. You can still split your sleeper berth, but one period must be at least 8 hours, and the other must be at least 2 hours. The 8 hour period will stop the 14 hour clock - that is the only thing that will (other than a 10 hour or greater break).

The on duty period before the 8 hour break, and the on duty period after the 8 hour break cannot equal more than 14 hours when added together, though.

The same holds true for the 2 hour break.

The 10 hour break taken all at once does not necessarily have to be 8 in the sleeper and 2 off duty. You can take 10 in the sleeper, 10 off duty (unless you are in the sleeper), or any other combination of sleeper berth and off duty time, as long as it is not broken up by any on duty time.

I believe the highlighted part of your answer says "On Duty." That would include lines 3 and 4. This is obviously NOT referring to DRIVING time, as we both know that is only a total of 11 hours.

You simply MISSPOKE, Rev.... it happens to all of us at times. In fact, as I stated, your particular "misquote" has appeared in memos from numerous Safety Directors as I have noted. There is NO reg stating that the total "on duty" hours on either side of a break CANNOT EXCEED 14 hours!

What you MEANT to say was that the total DRIVING TIME HOURS on either side of any break cannot exceed 11 hours! And, BTW, must occur within the 14 hour window (extended in the case of the 8 hour S/B.)
 
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  #22  
Old 02-14-2007, 03:50 PM
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Default Re: Hours of Service

Originally Posted by golfhobo
Originally Posted by Rev.Vassago
Originally Posted by Gibb
I have been told by a few drivers that you can split your sleeper berth still? I have always thought that once your 14 hour clock starts nothing can extend it except a 10 hour break 8 hours sleeper and 2 hours off duty before or after your sleeper time. Can someone clarify this for me.
Yes. You can still split your sleeper berth, but one period must be at least 8 hours, and the other must be at least 2 hours. The 8 hour period will stop the 14 hour clock - that is the only thing that will (other than a 10 hour or greater break).

The on duty period before the 8 hour break, and the on duty period after the 8 hour break cannot equal more than 14 hours when added together, though.

The same holds true for the 2 hour break.

The 10 hour break taken all at once does not necessarily have to be 8 in the sleeper and 2 off duty. You can take 10 in the sleeper, 10 off duty (unless you are in the sleeper), or any other combination of sleeper berth and off duty time, as long as it is not broken up by any on duty time.

I believe the highlighted part of your answer says "On Duty." That would include lines 3 and 4. This is obviously NOT referring to DRIVING time, as we both know that is only a total of 11 hours.
Actually, it IS referring to driving time, which is what the O.P. was asking about. The 14 hour rule still applies when splitting the sleeper berth, so what I stated is CORRECT when applied to DRIVING TIME:

The on duty period before the 8 hour break, and the on duty period after the 8 hour break cannot equal more than 14 hours when added together, though.


You simply MISSPOKE, Rev.... it happens to all of us at times. In fact, as I stated, your particular "misquote" has appeared in memos from numerous Safety Directors as I have noted. There is NO reg stating that the total "on duty" hours on either side of a break CANNOT EXCEED 14 hours!
There is, when in relation to driving time, which is what the 14 hour rule applies to. :roll:

What you MEANT to say was that the total DRIVING TIME HOURS on either side of any break cannot exceed 11 hours!
Actually, I DID say that, several times. :roll:

And, BTW, must occur within the 14 hour window (extended in the case of the 8 hour S/B.)
Which is what I also said.

You are trying to claim that the 14 hour rule applies to something OTHER THAN DRIVING, which it doesn't. Either that, or you are trying to claim that I said the 14 hour rule applies to ON DUTY (not driving) time, which I didn't.

I'll type it again, real slowly for you: The 14 hour rule does not apply to ANYTHING other than driving time.
 
  #23  
Old 02-14-2007, 04:02 PM
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Originally Posted by vly3

[quote="FMCSR 395.1 (g) (1)(i) (A)(4)
The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1),(2), or (3) of this section;
Originally Posted by FMCSR 395.1 (g) (1)(ii)
Specific requirements. -- The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:
(A) The term "equivalent of at least 10 consecutive hours off duty" means a period of
(1) At least 8 but less than 10 consecutive hours in a sleeper berth, and
(2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereoff.
(B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section.
(C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.
I am not a lawyer, but my understanding of this agrees with what Rev.Vassago said. If you have an 8 hour break, then a 2 hour break, your 11 or 14 must be calculated starting from the end of the 8 hour break, because "compliance must be re-calculated from the end of the first of the two periods", which is the end of the 8 hour break. Or, in other words, the sum of driving time on both sides of the 2 hour break cannot exceed 11 hours.[/quote]

You are correct, mr. NON lawyer.... but let's not forget that one can ALSO take the 2 hour break FIRST.... and therefore the NEW clock can be calculated from the end of a two hour break (once the 8 hour break is taken.) In fact, as the split option continiues to "roll" the 14 hour clock will alternate from the end of an 8 hour break to the end of a 2 hour break and back again.

Not that ANYTHING YOU SAID WAS WRONG.... but just wanting to clarify for the hard of hearing, that the 14 hour clock resets to the end of the FIRST of ANY two breaks that equal 10 hours. One time this will be the 8 hour break, the next time it will be the 2 hour break, and so on....

Many don't seem to realize that a two hour break used to "complete" the split, can and IS used again to "begin" the next "split."

SOME believe that if the 2 hour break is the second one, it completes the requirement and the clocks are reset to 11/14. OTHERS believe that once used to complete the split, the last (2 hour break in this instance) can't be used AGAIN, and the clocks must be calculated from the end of the following 8 hour break. EACH break is used TWICE in the calculation.

A 2 hour break that was the second taken, becomes the FIRST of the two breaks used to calculate ONCE THE 8 hour break is taken AGAIN. That is what is meant by a "rolling" reset.
 
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  #24  
Old 02-14-2007, 04:35 PM
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Rev: You can type it again, you can type it in RED, and you can type it as slow as you WANT TO or NEED to!

The fact is you are referring to the 14 hour WINDOW, not "ON DUTY TIME."

I see where our disconnect is.... you are referring to the "14 hour On Duty TIME (should be WINDOW) and I am quoting your words of ON DUTY TIME. The latter.... per the regs.... refers to lines 3 and 4. The FORMER (YOUR WORDS) were the ones used by the fmcsa before they updated their website.

You said:
"The on duty period before the 8 hour break, and the on duty period after the 8 hour break cannot equal more than 14 HOURS when added together, though."
You consider this the "on duty WINDOW" within which one can drive. I am using the fmcsa definition of "on duty period" to include line 4.

One can be "ON DUTY" on line 4 for as long as necessary. One can only drive 11 hours during an "on duty WINDOW" of 14 hours after coming on duty.... blah, blah.....

Quote:
What you MEANT to say was that the total DRIVING TIME HOURS on either side of any break cannot exceed 11 hours!


Actually, I DID say that, several times.
NO... you didn't. You ONLY refered to 11 hours in a LATER post. Originally, you said 14 hours. Which is "misleading" because that refers to a DUTY TIME that exceeds the allowable DRIVING TIME.... and is NOT the "TOTAL" number of hours that can be accumulated on either side (combined) of a break.

I have not only heard Safety directors misquote this, I have seen them drag "examples" of log pages into their memos and SHOW their drivers that they MUST take a break after 14 total hours on duty on either side of the break. This is simply NOT true, and could cause drivers to shut down, or "fail" loads, because they think they cannot WORK more than 14 hours at one time.

YOU specifically said, in your SECOND response (I believe) that once one accumulated a total of 11 hours driving time (split over the break,) that they had to STOP AND TAKE 10 HOURS BREAK! True that they had to stop DRIVING!..... NOT TRUE that they had to "immediately" take a 10 hour break! RE-READ your first couple of posts!

AS I said, Rev.... we ALL mispeak or misquote at times. YOU "edited" your recent post 3 TIMES before I got a chance to read it! "I" edited my last one to correct a mistake I made concerning the second break! [ AND NOW, I've had to edit THIS post to clarify what you said and WHEN! :lol: ] This stuff gets confusing!! It is difficult for ANY of us to explain it well to newbies without leaving something out, or misstating something.

With your years of experience, you may THINK you are stating something clearly. With my fresher perspective, I see things that would confuse a newbie! It might serve you well to LISTEN to me at times, instead of just argueing! Unless of course, you just like the battle.... in which case.... BRING IT ON!!! :lol:
 
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  #25  
Old 02-15-2007, 01:20 AM
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Originally Posted by golfhobo
Rev: You can type it again, you can type it in RED, and you can type it as slow as you WANT TO or NEED to!

The fact is you are referring to the 14 hour WINDOW, not "ON DUTY TIME."
Yes, I was. That is what the 14 hour rule is - a WINDOW that the 11 hours of driving must be completed in.

I see where our disconnect is.... you are referring to the "14 hour On Duty TIME (should be WINDOW) and I am quoting your words of ON DUTY TIME. The latter.... per the regs.... refers to lines 3 and 4. The FORMER (YOUR WORDS) were the ones used by the fmcsa before they updated their website.
You are taking me out of context.

You said:
"The on duty period before the 8 hour break, and the on duty period after the 8 hour break cannot equal more than 14 HOURS when added together, though."
And that is correct, when the 14 hour rule is applied to what it is intended to - DRIVING.

You consider this the "on duty WINDOW" within which one can drive. I am using the fmcsa definition of "on duty period" to include line 4.
That is right, and that is where you are wrong.

One can be "ON DUTY" on line 4 for as long as necessary. One can only drive 11 hours during an "on duty WINDOW" of 14 hours after coming on duty.... blah, blah.....
The 14 hour rule only applies to driving. Sure - you can be on duty after the 14th hour, but that is irrelevant, as the 14 hour rule applies ONLY to driving.

Quote:
What you MEANT to say was that the total DRIVING TIME HOURS on either side of any break cannot exceed 11 hours!


Actually, I DID say that, several times.
NO... you didn't. You ONLY refered to 11 hours in a LATER post. Originally, you said 14 hours.
Better check again:

Originally Posted by Rev.Vassago
Originally Posted by Gibb
So if I start driving at midnite drive for 5 hours take a 8 hour break I can drive again at 1pm and drive for 6 more hours and then take a 2 hour break and I will be legal?


Yes. But after the 2 hour break, you can only drive for 5 hours (add the driving hours on each side of the 2 hour break) before you must take AT LEAST another 8 hour break.

You've got the basic idea.
That is right up at the beginning of this thread. Now, if you have trouble adding 5 and 6 together, then there is a remedial math course waiting for you. :lol:

Which is "misleading" because that refers to a DUTY TIME that exceeds the allowable DRIVING TIME.... and is NOT the "TOTAL" number of hours that can be accumulated on either side (combined) of a break.
Apparently you still want to apply the 14 hour rule to something that it does not apply to - on duty time outside of driving time.

I have not only heard Safety directors misquote this, I have seen them drag "examples" of log pages into their memos and SHOW their drivers that they MUST take a break after 14 total hours on duty on either side of the break. This is simply NOT true, and could cause drivers to shut down, or "fail" loads, because they think they cannot WORK more than 14 hours at one time.

YOU specifically said, in your SECOND response (I believe) that once one accumulated a total of 11 hours driving time (split over the break,) that they had to STOP AND TAKE 10 HOURS BREAK! True that they had to stop DRIVING!..... NOT TRUE that they had to "immediately" take a 10 hour break! RE-READ your first couple of posts!
Once again, the Original Poster was not asking about ON DUTY time outside of driving - they were asking about DRIVING. I was giving them the rules as they relate to DRIVING. Just because you want to pretend that I was talking about ON DUTY time, doesn't change this fact.

AS I said, Rev.... we ALL mispeak or misquote at times. YOU "edited" your recent post 3 TIMES before I got a chance to read it!
Sucks to be you. I fixed a misspelling, and my computer froze up.

"I" edited my last one to correct a mistake I made concerning the second break! [ AND NOW, I've had to edit THIS post to clarify what you said and WHEN! :lol: ] This stuff gets confusing!! It is difficult for ANY of us to explain it well to newbies without leaving something out, or misstating something.
There is a tinfoil hat in your future.

With your years of experience, you may THINK you are stating something clearly. With my fresher perspective, I see things that would confuse a newbie! It might serve you well to LISTEN to me at times, instead of just argueing! Unless of course, you just like the battle.... in which case.... BRING IT ON!!! :lol:
Everyone else understood except for you.
 
  #26  
Old 02-15-2007, 06:08 AM
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Whatever!!! :roll: :roll: :roll:

BTW.... KEEP the avatar! It FITS you! :lol: :lol:

And it excites Useless! :shock: :lol:

And when you reach 11 hours total driving time, combined around a break, please DO shut down and take your 10 hour break! That way I can pull into the shipper and get ahead of you (and the newbies who listened to you!)

Because the "total on duty time on either side of a break, combined," doesn't HAVE to total no more than 14 hours for ME! :lol:

Hobo
 
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  #27  
Old 02-15-2007, 07:08 AM
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Originally Posted by golfhobo
And when you reach 11 hours total driving time, combined around a break, please DO shut down and take your 10 hour break!
Now you are mixing regulations - once you reach 11 hours driving time, combined around a split sleeper berth, you have to shut down for the amount of time that the first period of the split sleeper berth consisted of.

That way I can pull into the shipper and get ahead of you (and the newbies who listened to you!)
And DOT can hand you a citation when you do.

Because the "total on duty time on either side of a break, combined," doesn't HAVE to total no more than 14 hours for ME! :lol:
It does if you want to keep driving. :roll:

Hobo[/quote]
 
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Old 02-15-2007, 09:04 AM
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Okay, REV: I tried to "let it go," but you wouldn't do the same (and continue to make the same mistake!) So here we go again! :lol: I'll start with your latest, and then re-create the original arguement.

Originally Posted by Rev.Vassago
Originally Posted by golfhobo
And when you reach 11 hours total driving time, combined around a break, please DO shut down and take your 10 hour break!
Now you are mixing regulations - once you reach 11 hours driving time, combined around a split sleeper berth, you have to shut down for the amount of time that the first period of the split sleeper berth consisted of.

NO.... YOU DON"T!! Once you've completed your 11 hours of driving, you can go on LINE 4 for as long as needed to fuel, PTI, unload or WHATEVER! I'm not questioning the need to shut down for the required break before DRIVING again.... I'm dismissing your statement that you MUST SHUT DOWN at THAT time.... for ANY reason! And, like it or not... that is what you SAID!

That way I can pull into the shipper and get ahead of you (and the newbies who listened to you!)
And DOT can hand you a citation when you do.

FOR WHAT???? Pulling into a shipper at the end of my 11 hours and loading up?? (on line 4???)

Because the "total on duty time on either side of a break, combined," doesn't HAVE to total no more than 14 hours for ME! :lol:
It does if you want to keep driving. :roll:

NO.... IT DOESN'T!!! Once I load up on line 4... (24 hours later, if necessary,) I'll take my break, and keep driving very well, thank you!!!

Hobo

NOW... for the original facts:


Rev's FIRST post: Posted: Tue Feb 13, 2007 11:40 pm Post subject: Re: Hours of Service

Gibb wrote:

I have been told by a few drivers that you can split your sleeper berth still? I have always thought that once your 14 hour clock starts nothing can extend it except a 10 hour break 8 hours sleeper and 2 hours off duty before or after your sleeper time. Can someone clarify this for me.

Yes. You can still split your sleeper berth, but one period must be at least 8 hours, and the other must be at least 2 hours. The 8 hour period will stop the 14 hour clock - that is the only thing that will (other than a 10 hour or greater break). The on duty period before the 8 hour break, and the on duty period after the 8 hour break cannot equal more than 14 hours when added together, though. The same holds true for the 2 hour break.
NO... IT DOESN"T have to equal ONLY 14 hours! ON DUTY time is defined - BY FMCSA - as lines 3 AND 4!!

------------------------

jmilici's FIRST post: Hey rev, I thought you have a fresh day after that 2 hour break when splitting? From what you are saying you can only drive for as long as you drove for your first on duty driving then? Before you took you 8 hour?

If that is the case then I must give myself a big OOPS!!!

please let me know, so I do not do it in the future.

Obviously, jmilici learned something from the Rev's post. And I subsequently confirmed it for him. (which the Rev made a BIG LETTER DEAL out of! :lol: )

-----------------

Rev's SECOND post / response to jmilici:

As ssoutlaw said, once you start split sleeper berth, the only thing that will stop it is 10 hours or more off duty or sleeper berth. You must always add up the on duty time and driving time on each side of the break. Once that total equals 11 hours of driving time, you must stop, and take a break that would equal 10 hours (calculated by subtracting the last portion of sleeper break from 10). The 14 hour rule also applies. When you take the 2 hour break, the 14 hour clock does not stop. When you take the 8 hour break, the 14 hour clock stops for that 8 hours, but then starts back up when you go on duty again.
Again, you insist that you MUST STOP and take a break when the driving time equalls 11 hours! That is NOT TRUE! The fact that you say the 14 hour rule ALSO applies, shows that they are not interchangeable nor totally interdependant!

--------------

Dawn's reply to the Rev:

Rev: I am not sure but the way I read the statement in red is that the ON-DUTY & driving could not total more than 11 hours. This is not true. Only the DRIVING time can not total more than 11 hours prior.

The 11 Hour rule only applies to DRIVING time!
Dawn ALSO "correctly" picked up on your misquote about the fact that you have to STOP and TAKE A BREAK after 11 hours of DRIVING TIME which is WHAT YOU SAID!

I KNOW you are "correctly" stating 11 hours of DRIVING TIME, but you are saying 2 things incorrectly.

1) That you must stop and take a 10 hour (or partial) break at THAT PRECISE moment.... and

2) That the TOTAL "on duty time" on either side of a break cannot exceed 14 hours!

BOTH statements are WRONG.... and misleading! Regardless of what you MEANT by them!



================

Rev's THIRD post:

Perhaps you should read more carefully, Dawn.

[this is the one with the big red letters!]

You must always add up the on duty time and driving time on each side of the break. Once that total equals 11 hours of driving time, you must stop, and take a break that would equal 10 hours (calculated by subtracting the last portion of sleeper break from 10). The 14 hour rule also applies. When you take the 2 hour break, the 14 hour clock does not stop. When you take the 8 hour break, the 14 hour clock stops for that 8 hours, but then starts back up when you go on duty again.
-----------------

Rev's 4th post:

You are reading something into my original answer that isn't there, golfhobo.

NO, I read your original answer as it was written. What you NEEDED to say was this: "The total ON DUTY time before and after each break (combined) cannot exceed 14 hours OR YOUR DRIVING TIME HAS EXPIRED!" You can then do whatever you want on line 4, for as long as you want, but you cannot drive again until taking the required break."

The 14 hour rule applies ONLY to DRIVING,

Duh... I KNOW that! But that is why you can work on line 4 for longer, and the TOTAL ON DUTY TIME does NOT have to equal only 14 hours! IF YOU understood this, you wouldn't have insinuated that the DOT cop would have any right to bust me for pulling into the shipper after 11 hours instead of "shutting down for a break."

whether you are splitting your sleeper berth or not. If you can show me where I stated otherwise, please do so.

I believe I HAVE!!!

The 14 hour rule does not apply to dock work, loading, unloading, etc. I never stated it did.

No, you didn't. But you DID state that the TOTAL "on duty time" on either side of a break (combined) could not exceed 14 hours.... which is WRONG!

And.... you stated that after 11 hours of driving, one MUST STOP AND TAKE A BREAK! Which is ALSO WRONG!!!

 
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  #29  
Old 02-15-2007, 09:46 AM
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ON DUTY (not driving), and ON DUTY (driving) are two completely different things. Everyone else in this thread other than you and Dawn were talking about ON DUTY (driving). Perhaps when the two of you can get onto the same page as everyone else, we can have a discussion about this again.

And everything I stated holds true to ON DUTY (driving), which is what we were all discussing before you stuck your nose in here. It's a shame that you are too thick-headed to understand this. :roll:
 
  #30  
Old 02-15-2007, 09:55 AM
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Maybe Golfhobo and Dawn could start their own log and safety consulting company. The could call it " Blind Leading the Blind Consulting Inc. "

But first Golfhobo needs to teach Dawn the ENGRISH language.
 

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