It's a pete,put the seat in the back holes,slide it all the way back,lay the column down and your in the sleeper.

 

Well, if it's connected to the internet through your laptop, and you are "training" in how to drive a big rig, then you would be performing WORK for you employer, and you would have to log it on line 3.... or 4..... or something, and it would BUST your restart!

And, don't even THINK about taking a dump while you're in that sleeper berth, cuz that will automatically change your 8 hour S/B into a 10 hour Off Duty time! And you'll be LATE for your delivery! :lol2:

 

:rofl::rofl:

But, you can't LOG it as sleeper, cuz you're "at the controls" of a CMV.... with NO REGARD to whether or not it is IN OPERATION! :hellno:

 

Interpretation of rule 392

If you are OUTSIDE the scope of the alchohol prohibition section while OFF DUTY... I submit you are OUTSIDE the scope of the so-called "on duty" reg!

Why? Because, per the topic sentence of that reg, you have been RELIEVED of duty and have not yet gone back ON DUTY.

You don't have to log turd breaks! You don't have to log NON-REPEATING interruptions of that break for qualcomm or phone calls. There is JUST AS MUCH "paper trail" for qualcomm and phone call messages as there is for an accident report. But, THEY have been excluded if they are not "repetitive" and don't inhibit your ability to get REST!

If you can show AT LEAST 8 uninterrupted hours in the sleeper berth TWICE during a 34 hour restart, 30-45 minutes during the other 18 hours OFF DUTY (which they don't regulate) .... if not REPEATEDLY... does NOT inhibit your ability to get rest! It sucks, it happened. You have to "take" a report from the LEO. But, it doesn't rise to the level of performing REPEATED work for the employer that inhibits your ability to get restorative rest!

For the record... and for M/B who THINKS I am trying to cheat the system.... I would NOTE the time of the report in my remarks section. That section is not scanned in on scannable logs. I would not "FLAG" it as a change of duty status.... anymore than I would FLAG a qualcom message that didn't become a "repeated" interruption!

IF, under the worst case scenario, a fatal accident occured after I went BACK on duty.... I will have covered my azz by "reporting" on my log that the parking lot incident happened. I won't be 100 miles away as he likes to use as a basis for his NOC's!

And, given the "exceptions" in the regs for MOMENTARY interruptions of a break (of any length,) I doubt there is a court in the land that will convict me of falsifying a log, driving when I'm not supposed to, or driving sleepy!

There is NOTHING in the regs, or the interpretations, concerning "momentary" interruptions of a break that says you are REQUIRED to flag it as a change of duty status. M/B is making that chit up!

Even a "flag" of a momentary interruption in an 8 hour sleeper berth break, means you have to start all over or count it as an "off duty" 2 hour break at the most.... or change it into a 10 hour break!

A "momentary" flag of change of duty to ON DUTY NOT DRIVING, during a 34 hour restart would require that you start all over, or revert to the 70 hour rule... at BEST!

I dont think this fits into the "spirit of the regs," and I have heard NOTHING from M/B to change my mind. He quotes cases where SOME companies or drivers (mostly Mexican) have cleary violated the regs. I'm GLAD he in "on duty" to stop that!

But, he has given NO examples of a ticketed or fined violation for the "topic of this thread" that he claimed to adhere to!

I'm quite CLEAR on what the O.P. was discussing. I gave MY opinion, based on MY understanding of the regs. I stand BY that opinon! I am STILL not impressed by MythBuster's responses that include cases and situations that are IRRELEVANT. He has a REAL problem with being "relevant."

If I'm on a 34 hour restart, and someone hits my truck, I'm going to call the police and file a report. I'm going to put that report number, and the responding agency in my remarks section. I'm also going to consider it a "momentary" interruption of my break as concerns "doing work" for my emplioyer. I'm NOT going to FLAG it to an "on duty" line and BUST my restart! (anymore than I'll FLAG a turd from the sleeper!)

The O.P, and the REST of you can do what YOU believe is right. I submit that you should call your SAFETY Dept with this question, instead of asking US!

Buit, I SURE wouldn't rely on the irrelevant case histories that M/B provides to make your decision. EVERY one of them relates to a driver who intentionally falsified his logs and wasn't WHERE he said he was at a certain time! THAT is not in question here!

The closest M/B got to the original question is to state that if you're on an 8 hour S/B break, and you need to run inside to take a dump, you HAVE to "flag" it as a change of duty status.... that will change your break to a 10 hour "off duty" break!" :hellno:

I believe he ACTUALLY said that, (as the REV claims,) "passing" thru the cab of your truck requires a duty status change (flagged) regardless of whether or not it is less than the "magical number" of 15 minutes that the REV somehow has come up with! :hellno:

But, the REGS actually state that any such "flag" is a change of duty status, and could ALTER your break time.

So.... I'm not "flagging" the time I get out of the sleeper to take a dump, anymore than I'm "flagging" the time while on a 10 hour break that I enter my sleeper to get a change of clothes!

And if I'm on a 34 hour restart, I'm not "FLAGGING" anything that is not consiered REPEATED work for my employer! And if I EVER should end up in court, I believe the regs will back me up!

Y'all can do what you WANT! :hellno:

 

Thanks for the clarification!


Now...back to :argue: :argue: :banghead:

 

Boy we got a bunch of road cop judges.....lol Im with you GH, I will not log a famous turd break either. I cant believe they allow this crap to waste their space on this site!!!! or for that matter REV would even get involved!!!!! To many armchair quarterbacks trying to be judge and jury!!! this place has not changed. So whats up GH, still love to read your posts....lol Well gotta go smuggle some more drugs for work...lol
Now the law says you can not have drugs on your person with out a perscription, but I have lots of hard narcotics with me all day long while I am working. I know I do this for a living, but sounds as dumb as the rest of the comments people are making saying you need to do this or that....lol Remember this is my personal opinion!!!! and I have a right to express it in this forum!!!! Peace out......lol!!!!!

 

What the hell did I do?

 

I had a friend of mine called a radio show and asked a TX DOT officer this question and was told unfortunately under this circumstance your restart is blown. And you would have to start your 34 over.

 

I knew that before I posted the question. I was just curious to see what kind of angles people would take. It is a pretty asinine result though.

 

I wonder if that TX DOT officer was Monty Dial.... cuz he's been proven to be wrong. Not only that, but.... he's admitted that he's not SURE about many things in the regs.

I got a roadside inspection once from a TX DOT officer. We talked a bit about regs. I mentioned something about him being the "expert" on the subject and he laughed and said.... "Not really. YOU guys probably know more about this stuff than we do." :eek2:

In 2005, when I started driving, I met a couple of NC DOT officers at a truckstop. I asked one of them about the new provisions for HOS in the new ruling. He said: "We don't know yet. It's all very confusing right now. It will take us a long time to figure it all out."

Referencing your post.... I wonder why the officer didn't say that the driver COULD revert to the 70 hour rule?

Perhaps because, once you get SOME people thinking in ONE LINE of thought, they can't consider all the options.

As I stated earlier. I wouldn't falsify my log in this case. I would make an entry in the remarks section to CMA and mention that it was NOT a "repeated" interruption of my break. The chances of it coming to light in an audit are infinitesimal. And if it did.... I would be charged ONLY with a minor violation of the 70 hour rule. Wouldn't even include a violation of either the 11 or 14 hour rules. [and I would appeal!]

IF by some GOD AWFUL chance I had, or was involved in, an accident that resulted in a death once I started driving again, there is not a court in the land (IMHO) that could prove or reason that I had not had adequate REST before driving that next day.... NOR that I intentionally falsified my log to be drving without rest.

If the guy who turned his truck over on the interstate, and was hit by a sleepy bus driver, wasn't charged..... I don't think "I" would be. And, unlike him, I doubt I would lose any CIVIL lawsuit either. (if I had been operating/resting legally.)

When put before a judge and/or a jury.... there is NO WAY that a 45 minute interruption in a 34 hour restart can be construed to imply that I was not fully rested before going back ON DUTY.

The guidance CLEARLY states that "NON-repeated" interruptions are expected if not excused. The "spirit" of the reg is to disallow the COMPANY from waking you up every hour (when you're trying to SLEEP) to answer a call or message!

If you get TWO full 8 hour sleep periods during a 34 hour restart you have met the intended requirements of the provision. What you do with the other 18 hours, (other than working on your truck or in another "DIRECTED" capacity for your employer) is your own business.... and is NOT regulated (according to the Rev.) .... oops.... I mean the REGS!

If someone takes your hood off during a restart, you are NOT required to inform your company. You have been relieved of all responsibility for the equipment and the load. If you make a phone call to tell them about it, it is NO DIFFERENT than a "non repeated" message from them to you. From there.... THEY can communicate with the LEO or responding agency.

What about the guy in the truck NEXT to you? When the cop knocks on HIS door and asks him if he saw what happened, does it bust HIS restart TOO?? :hellno:

Show me ONE SINGLE REG that specifically (not the generic "doing work for") addresses the interaction between a driver OFF DUTY and an LEO!

Can't FIND one, can you? I wonder why? Perhaps, because it is "outside the scope" of the regulations. In keeping with the regs concerning interactions of a driver ON DUTY with an LEO.... I wonder why he doesn't give you an OOS order to MANDATE when you can drive again? Perhaps, because (if you've met the required times,) he doesn't CARE! :eek2:

I've never HAD my hood taken off while off duty. Probably because I stay out of Pilots and away from Swifties! Let's hear from someone who HAS!

Did the cop check your logs? Did he TELL you that your break was "busted?" Did he give you an OOS order? NO??? Then was he doing his JOB to protect the motoring public from a tired driver? If NOT.... and you had a fatal accident.... HE would be likewise "culpable" in any lawsuit that followed!

Let's go one more. Has anyone here ever had his hood taken off during a restart and had his COMPANY tell him that he had to restart his "restart?" :eek2:

Not that I haven't argued (and won) with my Safety Director more than once, but.... that would go along ways towards settling this discussion! :smokin:

Has ANYONE here ever had this very possible eventuality even DISCUSSED during a company orientation, or any other discussion with their Safety Director?