This is probably true! I AM one of "the few, the proud... the well informed!" :lol2:

 

Delusional too, I see.

 

Rev stated that Golfhobo was delusional, i believe he is mentally deranged, who knows?

 

Where I work... you are asked to 'log it like you run it' :rofl:

Go over 11/14 rule... oh well...log it...put a note in the comments section.

Over 70 ? ... who has that kind of freight ?... I need to go there :smokin:

Just do not Falsify is what they ask.


~~~~~~~~~~~

If you get nailed at the Weght station... thats another story

Still best to get caught telling the truth in this bussiness rather than running a BBR Hot Log

 

Unless I'm mistaken, you cannot get a restart by logging line 2. I used to do this, but stopped becasue I had received guidence that CA would put a serious hurting on me for it. The regs state (section 395.2, of course):
395.2 (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
395.2 (c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.

...and a sleeper birth does not qualify. Howeber if you are delivering a motorhome, you may be able to log all time spent resting inside as off duty per the guidance contained at the following: Interpretation for Part 395: Hours of service of drivers - Federal Motor Carrier Safety Administration

 

Musicman said:

Quote:
Originally Posted by golfhobo
In such a case, he would probably be able to move sooner by completing a 34 hour restart that would start the minute he was put OOS. (provided no one took his hood off!



Yes, you are mistaken.

First.... nothing I said in what you quoted (or otherwise) indicated that the driver WOULD be spending all 34 hours in the sleeper. Even while OOS, he is free to leave the vehicle on line 1.

Second... as I've explained many times to the Rev and others, all time on EITHER line 1 or line 2 is considered as OFF DUTY time. They can be combined in ANY amounts desired (without ANY restriction) for either a 10 hour full break.... OR a 34 hour restart.

Third.... assuming he is in Death Valley or somewhere, and has a porta-potty and a fridge, he COULD spend the entire 34 hours in the sleeper if he wanted to.... and it would count as a restart.

I don't blame you, and I understand. I once logged an entire 34 hour restart as being in the sleeper and was questioned about it by an AZ trooper during a roadside. He didn't exactly LIKE it... but, he couldn't cite me for it. [no way for him to disprove it.]

Not sure exactly why you quoted this... unless it is because you are under the misconception that the ONLY "off duty" status is line 1. You do NOT have to be on line 1 and OUTSIDE your vehicle for 34 hours to log a "restart." Just like the 10 hour break, it can be ANY combination of lines 1 and/or 2.... as long as they are consecutive for the entire 34 hours.

It most CERTAINLY does.

This does NOT apply in this case, or ANY case involving a property carrying vehicle. I could... but would rather NOT... discuss it, unless you remain confused about the difference between THIS and a trucker utilizing his sleeper berth during a 34 hour restart.

Bottom line.... a trucker can log lines 1 and 2 "alternatively" as long as consecutively to accumulate a 34 hour restart. [However.... they SHOULD represent the actual activitiy of the driver.]

If you spend all 34 hours outside the truck, it should be logged on line 1. But, it IS possible (and legal) to log the entire 34 hours on line 2 IF that is what really happened.

And, BTW.... OOS time COUNTS towards a 34 hour restart... which was the point of my post.

I hope I've been helpful.

Hobo

 

Not particularly. I have no confusion regarding the use of Line 1 or Line 2 (or line 5 for that matter, as I’m drinking a Guinness as I type this). For a long time after the inception of the 34 hour restart, I used a combination of Lines 1 and 2 to get a restart. I did however, run into officers who were unwilling to agree with me that the spirit of the law is that time on line 2 is essentially off duty time that is simply spent in the sleeper. Many officers seem to disagree and I have since stopped using it as such. We (me and my wife) drive as a team and the restart really isn’t important enough to me to worry about fighting a ticket over it.

There is no place in the regs (that I am aware of, at least) where it explicitly states that the sleeper birth may be used in part or in full to act as off duty time. I also am unaware of any guidance that has been issued on this topic. An argument can, in fact, be made that it is not the same as off duty time. To be off duty, you must be completely relieved of all responsibility for the truck, trailer, load, etc.. If you are a team, you could make the argument that your co-driver was responsible while you were in the sleeper. If you are a solo driver, and you are in the sleeper, you may still be responsible for the care of the equipment of the load and therefore may not be construed to be off duty when in the sleeper.

There is a reference (cited below for handy reference) in 395.8(f)(11) and (h)(2) that DOES talk about sleeper birth time as being off duty time,

395.8(f)(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; OFF DUTY in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid, the total of such entries shall equal 24 hours.
395.8(h)(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time OFF DUTY resting in a sleeper berth, as defined in §395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)

I do find it curious, though, that in 395.2 Definitions, they chose to take nearly a full page to define On Duty Time, but they do not bother to define Off Duty Time. What this does is give an officer the opportunity to challenge you to show him in the regs where it states that Line 2 may be counted the same as Line 1 toward a 34 hour restart. If they ask, and you can’t show them (which you can’t) you are begging for a ticket. I don’t agree with it, but since I feel there is not enough evidence to back my view up, I’m not going to go begging to be screwed with.

 

Surprise, surprise.:rofl:
That's because there is no such thing in the real world as the "spirit" of the law.

 

Doesn't matter, REV. There is the LETTER of the law, which I thought we had settled. YOU are doing Musicman a disservice by continuing this "myth."

You know FULL WELL that a 34 hour restart can include both lines 1 AND 2.

I guess I'll have to discuss this some more with Musicman. Meanwhile.... YOU can either be of some HELP, or stay out of it. :hellno:

I've got to go back to work, so it will have to wait. But, I am disappointed in your lack of help.

But.... NOT suprised! :clap:

 

Sleeper berth doesn't count as off-duty? LOL! That's rich!

You mean I have to get a hotel room for TWO nights in order to have a proper 34 hour reset? LOL!