What do you say?


I say that they are two completely different things. Sleeper berth is just a rest time and if the truck is loaded etc or I am waiting for a qualcom then I am actually not off duty since I am still responsible for the truck and its possible load.

Off Duty is for when the boss says park it and get a room or go home or go get something to eat etc. I am not responsible for the truck or its contents. I am away from the truck and can do as I please.


Can you be in your berth and still be off duty on line 1. Nope not in my opinion.

You 10 hour rest can be any combination of line 1 and line 2 but I stand to be corrected or missinformed if you so choose.

Debate ON

 

Line 2 is a form on off duty, it's what I was taught, it's what the regulations seem to say. As far as I am concerned if you are not specifically On Duty (Line 3 and 4), then you are off duty, there is no gray area here.

You state sleeper berth is only for when you are 'waiting' on a load or whatever, and line 1 is in a motel or whatever, what do you say to those that don't stay at motels, or the few that don't go home!

Regulation 1 for my point state's in 395.2(b)4 that all time spent in the vehicle EXCEPT time spent in the sleeper is ON DUTY, but right there is the EXCEPTION, meaning not on duty, but off duty .

395.8 clearly states that the sleeper berth is considered off duty.

Persionally I think 395.8(h)1 and 2 are quite clear, h2 specificies that sleeper berth is off duty, now as for why it says except sleeper berth in H1, and that is because while you are taking your 10 for example, you cannot just go from say 8pm to 6am in a continuous line if you use the berth, you must drop to line 2 to show when you did, but it clearly shows that the entire bulk of line 1 and 2 are OFF duty.

Now there are other regulations talking about sleeper berth, but they either aren't important to this discussion, or just redundant. Hope this paints a clear picture for everyone.

 

I say you can for the simple reason the rules say to be off duty, you need to be relieved of all duties and free to pursue whatever activities you desire, so if you want to get in your sleeper, you could do it while off duty.

this is only if you choose to be there, if your boss tells you to stay in your sleeper and wait for a load or whatever, then I agree, you could not legally be off duty.

boy, I cant wait for all the responses to this one! this is one of the greatest questions ever asked on here. Hats off to you.

 

Well the Berth can be used in conjuction with line 1 for legal rest periods or resets. But they must be logged as such.

When you are not in your berth then you are on line 1, when you are in your berth then you are in line 2.


So if you are in your berth sleeping then that is line 2 only. If you go into the truckstop then off to the local steak house for a few hours then you are in line 1.

Meaning you can't be in your berth and be logged into line 1 and you can't be at a friends house for the evening and be logged into line 2.

 

Yes this is true, but the fact is you are still off duty in any of the situations. The regulations clearly state in multiple places that sleeper berth is an off duty status, and as a matter of fact, it is the ONLY way you can be off duty inside of your vehicle.

 

Personal conveyance.

 

Not once was personal conveyance mentioned in any of those regs.

 

Yes it was.

395.8 Driver's Record of Duty Status

Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.

 

But sleeper berth is not mentioned in any of that, that is just saying if you are unlaiden you may drive while off duty for personal reasons such as going home, going to a restaurant from a motel, etc. But it has nothing to do with sleeper berth.

 

I don't care. You said:

Which is wrong.