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Old 11-29-2006, 01:05 AM
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Default Question about off duty/14 hour rule/sleeper berth

Scenerio: A driver goes on duty at 6 am. He drives for 8 hours til 2 pm. He's tired so he pulls over and rests for 3 hours. Does this stop the 14 hour clock or is he still only allowed to be on duty until 8 pm? My husband and his trainer are arguing over this. Thanks.
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Old 11-29-2006, 01:16 AM
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Default Re: Question about off duty/14 hour rule/sleeper berth

Quote:
Originally Posted by madii'swife
Scenerio: A driver goes on duty at 6 am. He drives for 8 hours til 2 pm. He's tired so he pulls over and rests for 3 hours. Does this stop the 14 hour clock or is he still only allowed to be on duty until 8 pm? My husband and his trainer are arguing over this. Thanks.
No, it doesn't stop the clock. The 14 hour clock only stops for an 8 hour break or longer. He must stop driving at 8 pm. He can, however, remain ON DUTY (not driving) after the 14th hour. The 14 hour rule only applies to driving.
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Old 11-29-2006, 02:52 AM
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Thanks Rev
And I think I'm going to faint from shock. Rev and Dawn agreed on something!! :shock: :shock: :? :lol: Now I know it must be right.
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Old 11-29-2006, 12:03 PM
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I believe that the reason your husband's trainer is arguing this point, is that under the OLD rules, short breaks WOULD extend (what was then) the 15 hour clock.

MANY, many, trainers are making this mistake! I had to explain it to at least TWO trainers, AND my safety director! :shock:

Does your husband take a laptop with him? If so... make sure he has the link to the fmcsa site handy. Also... the section on logbook examples is VERY helpful.

BTW.... I think you just RUINED the Rev's day! :lol: :lol: :lol:
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Old 11-29-2006, 04:17 PM
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Please Read the post below.
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Old 11-29-2006, 04:22 PM
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Default Re: Question about off duty/14 hour rule/sleeper berth

Quote:
Originally Posted by Rev.Vassago
Quote:
Originally Posted by madii'swife
Scenerio: A driver goes on duty at 6 am. He drives for 8 hours til 2 pm. He's tired so he pulls over and rests for 3 hours. Does this stop the 14 hour clock or is he still only allowed to be on duty until 8 pm? My husband and his trainer are arguing over this. Thanks.
No, it doesn't stop the clock. The 14 hour clock only stops for an 8 hour break or longer. He must stop driving at 8 pm. He can, however, remain ON DUTY (not driving) after the 14th hour. The 14 hour rule only applies to driving.

Rev, i must dispute your claim of the 14 hour rule as far as driving is concerned.

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.

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.

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.

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"!!!!

As i posted above, Rev, pull out your Safety Regulations book and pay close attention to section 395, word for word.
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Old 11-29-2006, 05:39 PM
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Quote:
Originally Posted by golfhobo
I believe that the reason your husband's trainer is arguing this point, is that under the OLD rules, short breaks WOULD extend (what was then) the 15 hour clock.

MANY, many, trainers are making this mistake! I had to explain it to at least TWO trainers, AND my safety director! :shock:

Does your husband take a laptop with him? If so... make sure he has the link to the fmcsa site handy. Also... the section on logbook examples is VERY helpful.

Actually it was my husband who had gotten the wrong impression on this one. His trainer is using it as a reason to not run legal logs though, but thats a whole other issue.
No he does not have a laptop with him, we haven't been able to afford one yet. He has his "little green book" as he called it, but hadn't dug into it yet.

Quote:
BTW.... I think you just RUINED the Rev's day! :lol: :lol: :lol:
I think his day was well ruined before me according to his posts! :? However, I was hoping to hear from him as he seems very knowledgable and able to answer simply and easily.
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Old 11-29-2006, 06:41 PM
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The rule clearly states that you cannot DRIVE after 14 hours on duty,it does not say anything about being on duty after 14 hrs,once again the Rev is right about this issue.

Yes the 14 hrs are a total of lines 1,3,4,but the 14 hrs only comes into play in regards to your ability to drive after reaching the 14th hour after coming on duty,unless a 8 hr break is taken in that 14 hr time frame,but that just confuses people more...sry
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Old 11-29-2006, 07:06 PM
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Default Re: Question about off duty/14 hour rule/sleeper berth

Quote:
Originally Posted by kreeper01
Rev, i must dispute your claim of the 14 hour rule as far as driving is concerned.

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.

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.

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.

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"!!!!

As i posted above, Rev, pull out your Safety Regulations book and pay close attention to section 395, word for word.
Quote:
The 14-hour driving window and the 10-hour off-duty requirement of today's rule combine to move most drivers toward a 24-hour cycle, which allows the body to operate in accord with its normal circadian rhythm and the driver to sleep on the same schedule each day. A driver may remain on duty after the 14-hour window closes or go off duty after the 11th hour of driving, in each case returning to work after 10 hours off duty on something other than a 24-hour cycle.
Final Rule

As mike3fan says "The rule clearly states that you cannot DRIVE after 14 hours on duty,it does not say anything about being on duty after 14 hrs,once again the Rev is right about this issue.."

Secondly, There is no rule that REQUIRES any amount of time for a post-trip or pre-trip time. Which I contend can not be done in 15 minutes if done correctly.

kc0iv
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Old 11-29-2006, 09:10 PM
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Default Re: Question about off duty/14 hour rule/sleeper berth

Quote:
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.

Quote:
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).

Quote:
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.

Quote:
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".

Quote:
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.

Quote:
[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).
Quote:
(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.
Quote:
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.
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