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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Re: Question about off duty/14 hour rule/sleeper berth
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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. |
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: |
Please Read the post below.
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Re: Question about off duty/14 hour rule/sleeper berth
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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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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:
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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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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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I think you are mis-reading what I wrote. |
Well... I don't know what happened to the Rev's response to my little joke, but I suspect a mod zapped it! So be it.
I don't know what Kreeper wrote in his first post that he edited out, but it doesn't matter. As for Kreeper's second post.... it is somewhat correct, mostly confusing, and doesn't in any way truely contradict what the Rev wrote. The Rev knows his rules! (Almost as well as I do! :lol: ) I guess what Kreeper says about the 14 hour rule including lines 1, 3 and 4 is somewhat correct, but very confusing. And he is WRONG that you MUST log 15 mins for a pretrip after an 8 hour sleeper break. The rules don't say that! The basic points are THIS: A 10 hour break (logged in ANY combination of lines 1 and 2 [yes 5 and 5 is legal]) will RESET your entire 11 and 14 hour clocks! (You can spend the whole 10 hours playing video games in the truckstop if you want! But... don't get involved in an accident later!) A minimum 8 hour sleeper berth break is the ONLY thing that PAUSES the 14 hour clock. (If you sleep for 9 hours you get a 9 hour "pause." If you sleep or break for 10 hours.... you get a full reset! But, if you "sleep" for 7 hours it counts only as a 2 hour break and you still need an 8 hour sleeper break to "split.") Anything LESS than 8 hours in the sleeper, whether on line 1, 2 or 4, are counted against your 14 hour clock, and you cannot DRIVE past that point. As for this: Quote:
So... in essense, I believe Kreeper AND the REV are saying the same thing. The difference is that Kreeper thinks the Rev has made a mistake (which he hasn't) and Kreeper shows a certain lack of understanding of the rules and/or the inability to express himself correctly. One final hint. If you log 10 hours OFF for a reset.... log 8 of them in the sleeper OR be ready to produce a motel receipt if you are not at home. Some DOT officers will ask for this. You may not HAVE to produce it, but if you're in an accident the lack of such a receipt will go against you in court. Have I left anything out? Probably! It's always harder to respond to a post than to just post the rules. Unless, of course, you are Dawn. :wink: |
Oh yeah, one more thing for those who might be wondering:
You can drive for 5 or so, sleep for ONLY 8, drive the other 6 and then take a full 10 hours off to reset your clocks! In this case, you don't need the other 2 hour break to "split log" as ANYTIME you take a full 10 hour break, it resets your 11 and 14 hour clocks. |
Madii's wife said:
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Point is... it doesn't matter. 11 hours driving from a 14 hour window leaves 3 hours. If you don't load/unload or fuel or inspect (and log it) during that time, there are 3 hours available for a "nap." The 14 hour window won't be changed. So, I fail to see the need or occaision to require any illegal logging. :? |
The trainer is wanting to use "creative" logging to "get around" the 14 hour rule, telling him there's no money running legal (see the TransAm diary thread in What about this trucking company). Exactly what he's trying to get my husband to do on his logs I don't know for sure, I just know its a big bone of contention between the 2 of them right now.
It is my husband who thought that it "paused" the 14 hour clock to take a nap. |
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Obviously, your husband is wrong. However, there is very LITTLE way of getting around the 14 hour rule. I don't know what your husband's trainer is trying, unless it is just logging some "break time" that wasn't actually taken to "tighten up" his log (speed averaging) allowing him a little more driving time... but it MUST be within the 14 hour window! This is somewhat a general practice. MANY WILL BE AGHAST AT THAT! But, it happens. If traffic or whatever, keeps you from averaging a speed close to the limit, and you COULD have gotten say... 650 miles if you ran just a few mph under the limit, and you need 15 to 30 more minutes to get to your destination..... and you're within your 14 hour window..... MANY truckers will say, "well.... I ain't sleepy, so I'm not a danger to anyone. Might as well log a 15 min break back there somewhere (where I probably stopped to pee on the side of the road anyway and stretched my legs,) so I've got the time left to get to my consignee or whatever." Is it STRICTLY legal? Probably not. But, if we all ran strictly by the book, there would be a lot more trucks parked on the side of the road.... and THAT is a safety issue! Would you rather see a family of four killed because a sleepy family man drifted off the road for a moment and hit a parked TRUCK? Or would you rather see that truck make it to a Truck Stop and park for the night and the family get home safe after running over ONLY the "growler" that woke him up? I don't condone sleepy driving, nor driving hours over the limit and fudging your logs to do so. But, when you consider that the DOT can't/doesn't even recognize 14 minutes and 59 seconds as a "period" worth logging, then what's the point in NOT getting to a safe spot to park? I don't care WHO on here wants to "blast me" for it.... that's my story, and I'm sticking to it! :lol: |
I ain't sayin nothin. :wink:
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They say Discretion IS the better part of Valour! Nice to know you're so valorious! :lol: Seriously, I know Yoopr said this is not a forum for "creative logging," but this IS a forum for new drivers to learn the ropes. I'm not necessarily encouraging "creative logging." But, I think it is "practical" to give out information on how a driver can satisfy the requirements of the fmcsa regs and the DOT, and still get the job done. And we ALL know that, at times, we are asked to "git 'er done!" We are often talking about a person's livelihood here. Many new drivers lose their jobs because they can't strike a "median" between what the rules say, and what their dispatcher wants. Many others don't make a living because they follow the rules to the letter, even tho the letter doesn't allow them to make a living. And usually, neither they NOR the DOT even understands the letter of the law. Like someone said earlier, "who in their right mind would log 3 hours on line 4 for unloading?" I logged over an hour for that just the other night... because the idiots at the shippers logged times on my BOL that made THEIR books look good! They weren't even the correct times!!! :twisted: I know for a fact, and we ALL do, that the DOT will not question a 15 min log time for loading. They even allow you to make multiple stops in one town and just flag it and write down the miles inbetween! Then the shipper gives you a BOL that says you started loading at 7 pm (when you first checked in) and finished at midnight! You ALL know that is B.S!!) The DOT is concerned about miles and hours spent behind the wheel over long distances. They KNOW we get naps at shippers! If your logs LOOK good, you SMELL good! That's a fact! The DOT is concerned about TWO things! That you are NOT driving after 14 hours (cuz you'll get sleepy by then,) and that you don't drive more miles than you can log in 11 hours during that time! Period! They assume you are stopping to stretch, get fuel, eat lunch, take a nap or whatever, as long as you haven't driven more miles than you "should" be able to do in 11 hours, and are NOT driving after the 14th hour after coming on duty! It is YOUR job to make the logbook show that, so they don't have to put you Out Of Service! I'm NOT condoning backing up your logs so you can drive 22 hours a day, then taking a 3 hour nap, and doing it again! That is illegal, unsafe, and just WRONG!!! And you "wussies" that drive Solo, and get to shut down for 10 to 16 hours a night, don't even have a right to argue with me! I drive TEAM, and the wheels keep turning! I sleep 6 out of 12 hours in a moving sleeper if I'm LUCKY! [ :lol: :lol: :lol: Just kidding guys! I drive solo now and then and LOVE it!] Not every trucker gets a cushy job like the Rev has. Some of us have to drive for a living (until we get enough years experience to GET a job like his! :lol: ) So... the question is... is the trainer asking your husband to drive ILLEGAL? Or just asking him to "conserve" hours on his 14 hour clock AS WELL as his 70 hour clock? Even the Rev has made postings here that advocate conserving hours on your 70 while at the shipper... so I'm NOT expecting alot of flack over this posting! I'm trying to get to the bottom of Madii's wife's husband's (what a mouthful) problem. And MAYBE, help save his job! I DO NOT drive when I'm sleepy! I DO NOT drive over my 14 hour window! But, I do get my job done! AND I check my equipment thoroughly every time I get behind the wheel! I've driven as little as 290 miles in a day, and I've driven as much as 825! I've never had a ticket nor an accident. I don't have as much experience as the REV and many others here. But, I know the rules as well as anyone, and I ain't "skeert" to drive a truck! Hobo |
I've been updating over on the TransAm thread, so just wanted to let anybody here know thats where updates will be. Thanks hobo, and go look, its good news this morning (at least I think it is :) )
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Holy crap you guys....I felt like I drove 11 hours straight just reading the posts! :lol:
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Where's Dawn when you need her? :shock: :D :lol:
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With all these different senario's, someone please show me where you can remain "On duty" past 14 hours?
Yes, it does state that you cannot legally drive beyond 14 hours. It also does not state you have to immediately pull over for 10 either. So Rev., you do have a valid point, however, it should state that when that truck is moving, you should log it on line 3. Therefore, if a D.O.T. officer or you get pulled into a weigh station, your log will be correct up to that point. My point is this: Those boneheads for the Department of Transportation should make things more clearly instead of having the same thing mentioned 6 different ways in about 4 sections in the green and white book. Us drivers do get tired, there is no one here at Class A Drivers who can stay up 24 hours non stop for 3 straight days with no sleep. I, for one, cannot stay up no more than the alotted time and drive 20 straight hours non stop per day, expect to get 4 hours sleep/rest and do another 20 hours. that is under the old rules and some people are irate with the new ones. How many drivers here can continuously drive non stop without getting grogy or fall alseep at the wheel? Basically, the rules boils down to driver's discretion, work 14 hours, take 10 hours off. I am not about to take on the Federal Govnerment without any backing. The Feds can make 1 persons life a living nightmare. |
Kreeper:
The fmcsa website has been revised recently, and many of my links no longer work. I've also found that many sections have been edited, and much of the info has been left out. However, the following link is to the FINAL RULING under its current location. It is a very difficult document to read, but there is much info there. At this link, under the Executive Summary, you will find the following "basis" for being on duty past the 14 hour "driving window." http://www.fmcsa.dot.gov/rules-regul...le-8-25-05.htm Quote:
If you need further assurance, go to their website and click on the logbook examples. You will see several "legal" scenarios of a driver on line 4 after the 14 hours as well as a few showing violations for returning to DRIVING without the proper break. If you still have questions, I will be glad to answer them here or by PM. The fmcsa rule "authors" have made a few mistakes concerning the use of the word "consecutive," so don't take that word too literally. As it pertains to split logging, it usually means "cumulative." After only a cursory review of the new website, I am dismayed at the intentional removal of many questions, answers, and info concerning line 4 activities beyond the "duty window." They are seriously trying to make us conform to their "circadian rhythm" of a 24 hour day.... but they have NOT ruled out working past the 14 hour mark - as long as you're not driving. I hope this helps. For those of you wanting to know WHY the fmcsa has adopted these new sleeper/HOS rules.... that link will provide all the background info, research, objections by companies and organizations, etc. that you would NEVER want to have to wade through! Look for the sections under each topic that offer the FMCSA CONCLUSIONS. Most of what we care about is contained (I believe - without looking again) in sections J-4, J-5 and J-6. And, yes.... I've read EVERY word of this final ruling several times. Trust me! :wink: Edited twice to correct my mistake. I said line 3 several times when I meant line 4!!! I must have been driving too long! :lol: My apologies, if I confused anyone. |
This is my exact point, under the current hours of service, 14 hours of total on duty, 11 hours driving and 10 hours of off duty or sleeper berth time. However, what you wrote is correct, yes the companies want us to work 18 to 20 hour days, 4 hours sleep/rest and drive another 20 hour days. Some company log departments may get the driver to sign a form stating they violated the 14 hour rule. Me personally, i log it 1 of 2 ways:
1) i log it legal, i.e. 14 total hours of on duty with a 10 hour break. 2) logging it as i do it, i.e. lines 3 and 4 non stop and flag it where i am at and at what time. Quote:
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Kreeper:
I don't understand where you get this statement: Quote:
What part of "A driver may remain on duty after the 14-hour window closes" dont you understand? Let me try again. You have a 14 hour window, within which you can drive only 11 hours. Then you MAY stay on duty on line 4 for as long as you wish. However, before returning to DRIVING, you must take 10 hours off. Let's say within your 14 hour window you drive 11, take a 2 hour nap, fuel for 30 mins, and log 15 mins each for pre and post trips. You just used all 14 of your hours. When do you plan on unloading your truck? AFTER a 10 hour break? You won't be in trucking long. :lol: |
Yes, under the "14 hour rule" you do have 11 hours to drive, minus that from 14 and you get 3 hours under the 14 for fueling, pre and post trips and loading and unloading.
I have logged all the above in 14 hours while running "regional". BTW, you never specified "OTR, Regional, or Dedicated". That is where you, Golfhobo, made the mistake. "OTR", you are darn tooting i won't make it (not as a solo driver), Regional and Dedicated i will. OTR means all 48 states, not the states east of the mississippi river, Regional and Dedicated are within a few state area. Quote:
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Example: I come ON DUTY (driving) after a 34 hour reset at 8:00 AM. I drive until 7:00 PM, where I remain ON DUTY (not driving) for 8 hours unloading a trailer, and then take a 10 hour sleeper berth. Total time worked without a break - 19 hours. No violation, as I did not drive beyond the 14th hour. Quote:
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kreeper01 said:
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I did read section 395 in the Safety Regulations book, it did state you can remain "On Duty" past the 14 hours of on duty, however, it did state that you have to be relived of any responsibilities surrounding any driving or on duty responsibilities, i.e. Fueling, tire checking, or maintaining good working order of the truck.
i also flipped over about 2 pages and it stated you have "a 10 hour break within a 24 hour window." I have heard of this "Back Logging" thing that some drivers do without getting in trouble with the logs department of any company and with the D.O.T. officer. My question is: How do you find time to get any sort of rest/sleep when doing this :?: Some companies i was with was wanting me to continuously drive when i was so tired that i could not even see 1/2 mile in front of the truck i was driving. Anyway, this matter is closed in my book. If i cannot do it legal with just 1 log book, i really do not have any business even driving. |
Kreeper: Since you've "closed the book," I don't know why you asked a question. Nevertheless.... I wish you would post the page numbers for your first and second paragraphs. The first is ALL wrong, and the second is highly questionable. I would like this info just for ME, so I can see where you are getting mixed up. I guess you don't want any more clarification of the rules. You carry on now.... JUST the way you want. As long as you're ONLY driving a truck (and NOT trying to be a nuclear scientist,) your misunderstanding won't affect me in the least.
For the record, I never advocated "backlogging." You be safe now, ya hear? |
I am once again amazed at how much arguing goes on over what should be "simple" things....oh..wait, we're involving the government here aren't we...so much for simple
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Let me complicate this a little.
If the driver has a learners, is the passenger(instructor) also concidered a driver. Example: instructor drives for eleven hours then the student drives for eleven with the instructor(in the passenger seat instructing) not sleeping. |
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As for GolfHobo, grab the "Safety Regulations Book", every company should of handed them out, read section 395. If you wish to continue this subject, fine by me, i am mearly stating that there is enough time within 14 hours to easliy drive 600+ miles if you are not sitting no more than 45 minutes, if not 1 hour waiting at a shipper or receiver getting loaded or unloaded and no more than 30 minutes waiting on dispatch giving you a new load assignment. I can say that when i deliver a load, with a good company, i am away from the shipper in 45 minutes, at a receiver within 45 minutes and waiting on dispatch within 30 minutes...right there is 2 hours total out of 14 hours, that leaves 12 hours, 11 of which to drive, 15 minutes to fuel...after all that is said and done, you should have 45 minutes left on 1 days log to drive or cut it short and take your "10 consecitive hours off duty". Me personally, i have been with some really lousy companies that had me sit around for half the 14 hours (8 hours is how many hours i have sat on duty) at a shipper, receiver or waiting to be dispatched. Yes, i could of taken my 10 hour break, but for some reason, some people do not consider sitting at a shipper, receiver or waiting to be dispatched as "On Duty". All i can say to everyone viewing this post or writing, get a copy of the Safety Regulations book and read section 395. As of right now, This Subject IS NOW CLOSED. |
14 hour
It is really simple! Once you enter lines 3 or 4 after a 10 hour break or more your 14 hour clock is ticking. The only thing that matters in that 14 hour period is you do not drive over 11 hours. If you need to be on line 4 (for whatever reason) AFTER your 14 hour is up you can do so. You JUST CAN NOT DRIVE AFTER THE 14TH HOUR. You can work all you want, I can work you in the office for 24 hours and pay you and you will not be in violation. You can work on your truck, you can fuel the truck, you can do whatever you just can't DRIVE!
No one can say how many miles you can drive in a day anymore, you have to log what you actually do so if you run into delays (traffic, loading etc) then this will interfere with the miles you would have been able to get! Once you take a full 10 hour break you can drive again, even if it is in the same day! D-1. May a driver be on duty for more than 14 consecutive hours? Yes. A driver may remain on duty for more than 14 hours; however, the driver of a property-carrying CMV cannot drive after the 14th hour after coming on duty. Also, the additional on-duty time will be counted toward the 60/70-hour on-duty limit. DOT does not want you driving the truck after being awake for 14 hours. They don't care if you break your arm working on the truck as long as you are not on the roads taking a chance of killing someone or yourself. The 14 hour is that simple! Now if you want to split break there is that option and different explination! |
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Let me understand this Rev.
If you are at an accident and held up for 2 hours, your driving time is extended for 2 hours if loged accident time? Same goes for traffic stalls, or held up by snow ( meaning you have to wait for them to clear the road ) Does this also include time driving in the show ( slow speeds ) what you could have drove over in 20 minutes took an hour or 2. |
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One thing to note, however, is that the adverse driving provision WILL NOT extend the 14 hour clock, or the 70 hour clock. It will only extend the 11 hour clock, and only by as much as you WOULD HAVE BEEN ABLE TO DRIVE had the adverse condition not existed. |
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