[ben45750]

Scooter, your better off to just ignore the resident troll.

[Uturn2001]

Rev just can not handle being wrong about anything and must make stupid childish remarks. This is the reason he has been banned from several forums.

The regs state that if you use the split sleeper you must have 8 consecutive hours in the sleeper berth followed by an additional 2 consecutive hour break at some point during your shift. By your reasoning, a driver could have a 10 hour break, drive 11 hours, take a 2 hour break, drive 10 more hours and then take his 8 hour sleeper and be in compliance.

Secondly where do you come up with this forced to drive crap. No where did I say that. I suggest you go back and read what I posted before, and then go back an read the regulations again. All of them including the FAQ's and the interpretations.

[Rev.Vassago]

Originally Posted by Uturn2001

Rev just can not handle being wrong about anything and must make stupid childish remarks. This is the reason he has been banned from several forums.

Please list the "several forums" I have been banned from.

The regs state that if you use the split sleeper you must have 8 consecutive hours in the sleeper berth followed by an additional 2 consecutive hour break at some point during your shift.

No, that is not what the regs state at all. They state that a split sleeper berth must be a combination of a break that is greater than 2 hours, and a break that is greater than 8 hours. It does not state in which order the breaks need to be taken.

By your reasoning, a driver could have a 10 hour break, drive 11 hours, take a 2 hour break, drive 10 more hours and then take his 8 hour sleeper and be in compliance.

No, that is not what I stated at all. I do contend, however, that a driver can have a 10 hour break, drive 11 hours, take a 2 hour break, be on duty, not drivingfor 30 minutes (for the DOT roadside stop), take an additional 8 hour break, and be in compliance for driving 11 hours.

Secondly where do you come up with this forced to drive crap. No where did I say that.

Forced to drive? What the heck are you talking about? You stated:

Originally Posted by Uturn2001

If you follow the assumption that the driver in the bunk just came off a 10 hour driving shift, then he would have to have at least 8 in the sleeper before he could drive more than 1 hour,

To which I responded:

Originally Posted by Rev.Vassago

I wasn't aware that being pulled out of the bunk by DOT constituted driving.

Nowhere in the original poster's question was there anything about the driver who was in the bunk needing to drive.

I suggest you go back and read what I posted before, and then go back an read the regulations again. All of them including the FAQ's and the interpretations.

I have read them. Have you?

[danske]

I didn't think my post would take this direction, but the comments have been helpful.

Now that I think of that roadside stop in Ohio, my involvement was less than 5 minutes. All that was required of me was my license and maybe a look at my logbook. The rest of the traffic stop was handle by my partner. I think all that would be require to show in MY logbook would be to flag the roadside stop. Since that was less than 15 minutes, I could stay on line 2 "Sleeper Berth" and my DOT break would not be interrupted.

The real effect of traffic stop was my sleep was disturbed which could have effected my safety as a driver. Also, I was left with the impression that Ohio State Highway Patrol is not the most professional law enforcement organization.

[danske]

All your comments got me thinking about different situations and legal definitions.

One would be when does a driver's beginning of duty start? For instance, I arrive a customer property at 10pm and go to bed. At 6am, I am asked to move the truck to a dock, it takes me 5 minutes, and I return to the sleeper until the trailer is loaded/unloaded. At 9am the loading/unloading is finished and I leave the customer property. What time did I start work in my logbook, 6am or 9am? No, I don't want the answer every truckdriver and his mother would use(Which would be 11am because he drove 10 miles down the highway to the truckstop and waited several hours for dispatch to his next load :wink ; What time did I LEGALLY start my 14 hour clock?

Second, when am I "DRIVING" and when am I "ON-DUTY(Not Driving)"? If I am asked to reposition several trailers for a customer on their property and it takes me more than 15 minutes, can I LEGALLY log this time as "ON-DUTY(Not Driving)"? Again, I don't want the answer every driver would give(eg. Drop and Hook this trailer for that one and all the other work never happened :wink: ). So, can I LEGALLY move my truck after my 11 hours of driving if I performing this duty on a customer's property? I know if the customer asked me to move my truck and trailer out of a dock but I could use their property for my break, you bet I would do it safely!

So those are some "What if's". I know what I would do, but want would DOT or a lawyer(We don't have any lawyers here do we? :lol: ) make of this?

[Rev.Vassago]

Originally Posted by danske

All your comments got me thinking about different situations and legal definitions.

One would be when does a driver's beginning of duty start? For instance, I arrive a customer property at 10pm and go to bed. At 6am, I am asked to move the truck to a dock, it takes me 5 minutes, and I return to the sleeper until the trailer is loaded/unloaded. At 9am the loading/unloading is finished and I leave the customer property. What time did I start work in my logbook, 6am or 9am? No, I don't want the answer every truckdriver and his mother would use(Which would be 11am because he drove 10 miles down the highway to the truckstop and waited several hours for dispatch to his next load :wink ; What time did I LEGALLY start my 14 hour clock?

6 am, when you operated a CMV.

Second, when am I "DRIVING" and when am I "ON-DUTY(Not Driving)"? If I am asked to reposition several trailers for a customer on their property and it takes me more than 15 minutes, can I LEGALLY log this time as "ON-DUTY(Not Driving)"? Again, I don't want the answer every driver would give(eg. Drop and Hook this trailer for that one and all the other work never happened :wink: ). So, can I LEGALLY move my truck after my 11 hours of driving if I performing this duty on a customer's property? I know if the customer asked me to move my truck and trailer out of a dock but I could use their property for my break, you bet I would do it safely!

The time would be considered driving time. You were at the controls of a CMV.

[danske]

Originally Posted by Rev.Vassago

6 am, when you operated a CMV.

So, I didn't get my 10 hour break! That means when a car rearends me at noon that day and kills everyone in it, I am criminally negligent and I go to jail!! :evil:

The time would be considered driving time. You were at the controls of a CMV.

So, I am moving my truck to the back of the customer's yard, their yard goat slams into my trailer and he dies, making me criminally negligent and I go to jail!! :evil:

Isn't the legal system wonderful? :sad:

[Rev.Vassago]

Originally Posted by danske

So, I didn't get my 10 hour break! That means when a car rearends me at noon that day and kills everyone in it, I am criminally negligent and I go to jail!! :evil:

Possibly. That's for a jury to decide.

So, I am moving my truck to the back of the customer's yard, their yard goat slams into my trailer and he dies, making me criminally negligent and I go to jail!! :evil:

Again, for a jury to decide.

[Uturn2001]

there is one huge hole in Rev's argument about the split break that he refuses to see.

Only an 8 or more consecutive hour sleeper berth period or a 10 or more consecutive hour break of off duty and/or sleeper has any effect on the 14 hour clock.

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

If I am asked to reposition several trailers for a customer on their property and it takes me more than 15 minutes, can I LEGALLY log this time as "ON-DUTY(Not Driving)"?

It would depend on other circumstances, as in what you were doing before or after this. If you were working local (within the 100 mile radius) for the day then you could get away with logging this as On Duty. This is assuming you meet the other requirements for "local" work. If you work outside of the 100 mile radius then you would need to log it as driving either as its own separate entry or as a total of driving done during the time you were logging local work.

[Rev.Vassago]

Originally Posted by Uturn2001

there is one huge hole in Rev's argument about the split break that he refuses to see.

Only an 8 or more consecutive hour sleeper berth period or a 10 or more consecutive hour break of off duty and/or sleeper has any effect on the 14 hour clock.

What hole? You can come on duty (not driving) after your 14th hour is up. There's no rule against it.

Still waiting for the list of "multiple trucking forums" that I've been banned from..... :roll: