Trucker Forum - Trucking & Driving Forums - Class A Drivers

Trucker Forum - Trucking & Driving Forums - Class A Drivers (https://www.classadrivers.com/forum/)
-   Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)
-   -   Question about off duty/14 hour rule/sleeper berth (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/22655-question-about-off-duty-14-hour-rule-sleeper-berth.html)

madii'swife 11-29-2006 01:05 AM

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.

Rev.Vassago 11-29-2006 01:16 AM

Re: Question about off duty/14 hour rule/sleeper berth
 
Quote:

Originally Posted by madii'swife
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.

No, it doesn't stop the clock. The 14 hour clock only stops for an 8 hour break or longer. He must stop driving at 8 pm. He can, however, remain ON DUTY (not driving) after the 14th hour. The 14 hour rule only applies to driving.

madii'swife 11-29-2006 02:52 AM

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.

golfhobo 11-29-2006 12:03 PM

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:

kreeper01 11-29-2006 04:17 PM

Please Read the post below.

kreeper01 11-29-2006 04:22 PM

Re: Question about off duty/14 hour rule/sleeper berth
 
Quote:

Originally Posted by Rev.Vassago
Quote:

Originally Posted by madii'swife
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.

No, it doesn't stop the clock. The 14 hour clock only stops for an 8 hour break or longer. He must stop driving at 8 pm. He can, however, remain ON DUTY (not driving) after the 14th hour. The 14 hour rule only applies to driving.


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.

madii'swife 11-29-2006 05:39 PM

Quote:

Originally Posted by golfhobo
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.


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:

BTW.... I think you just RUINED the Rev's day! :lol: :lol: :lol:
I think his day was well ruined before me according to his posts! :? However, I was hoping to hear from him as he seems very knowledgable and able to answer simply and easily.

mike3fan 11-29-2006 06:41 PM

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

kc0iv 11-29-2006 07:06 PM

Re: Question about off duty/14 hour rule/sleeper berth
 
Quote:

Originally Posted by kreeper01
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.

Quote:

The 14-hour driving window and the 10-hour off-duty requirement of today's rule combine to move most drivers toward a 24-hour cycle, which allows the body to operate in accord with its normal circadian rhythm and the driver to sleep on the same schedule each day. A driver may remain on duty after the 14-hour window closes or go off duty after the 11th hour of driving, in each case returning to work after 10 hours off duty on something other than a 24-hour cycle.
Final Rule

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

Rev.Vassago 11-29-2006 09:10 PM

Re: Question about off duty/14 hour rule/sleeper berth
 
Quote:

Originally Posted by kreeper01
Rev, i must dispute your claim of the 14 hour rule as far as driving is concerned.

Then please show a regulation that states you can drive AFTER the 14th hour when there is no 8 hour or longer break involved.

Quote:

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.
Please cite the regulation that says you have to show a 15 minute pretrip after you are in the bunk for 8 hours. Besides - that doesn't change the scenario that madii'sWife gave - the driver still can not drive after the 14th hour, even though he can remain ON DUTY (not driving).

Quote:

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.
You are absolutely right, but this is not the question that madii'swife asked. She wanted to know if a 3 hour break (by itself) would stop the 14 hour clock, which it won't.

Quote:

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.
Please cite the regulation for that one as well. The FMCSA regs only state that fueling is ON DUTY (not driving). The regulations also state that ANY activity under 15 minutes can be "flagged".

Quote:

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"!!!!
The "no more than 10" is no longer valid. ANY period of 8 hours or more will stop the 14 hour clock, even if it is longer than 10 hours.

Quote:

[color=blue]G-3. How does a driver who is utilizing the sleeper berth provision calculate his or her compliance with the 14-hour rule?

A sleeper-berth period of at least 8 consecutive hours is excluded from calculation of the 14-hour limitation. All other sleeper berth periods are included in the 14-hour calculation (unless part of a sleeper-berth/off-duty combination of 10 or more consecutive hours).
Quote:

(g) Sleeper berths.

(1) General property-carrying commercial motor vehicle. A driver who
is driving a property-carrying commercial motor vehicle that is equipped
with a sleeper berth, as defined in Sec. Sec. 395.2 and 393.76 of this subchapter, may accumulate the equivalent of 10 consecutive hours of off-duty time by taking a combination of at least 10 consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:

(i) Neither rest period is shorter than two hours;

(ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 11 hours;

(iii) The driver does not drive after the 14th hour after coming on
duty following 10 hours off duty, where the 14th hour is calculated:


(A) by excluding any sleeper berth period of at least 2 hours which,
when added to a subsequent sleeper berth period, totals at least 10
hours, and

(B) by including all on-duty time, all off-duty time not spent in
the sleeper berth, all sleeper berth periods of less than 2 hours, and
any sleeper berth period not described in paragraph (g)(1)(iii)(A); and

(iv) The driver may not return to driving subject to the normal
limits under Sec. 395.3 without taking at least 10 consecutive hours
off duty, at least 10 consecutive hours in the sleeper berth, or a
combination of at least 10 consecutive hours off duty and sleeper berth
time.
Quote:

As i posted above, Rev, pull out your Safety Regulations book and pay close attention to section 395, word for word.
I don't see where anything I stated is incorrect. The 3 hour sleeper berth break that madii'swife spoke of would not stop the 14 hour clock. What are you getting at? :?

I think you are mis-reading what I wrote.

golfhobo 11-29-2006 09:35 PM

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:

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"!!!!
It is a mess! Line 1 is NEVER considered "on duty." However, if less than 10 hours, it DOES count against the 14 hour clock. Also, there is NO RULE against logging line 2 for 10 hours or more. What they mean by "no more than 10" is that IF you log 10 hours in the sleeper, it can't/won't be used to combine with a later (or prior) 2 hour break for SPLIT LOGGING, because OBVIOUSLY it is a full 10 hour break and RESETS your clocks instantly!!!

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:

golfhobo 11-29-2006 09:44 PM

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.

golfhobo 11-29-2006 09:59 PM

Madii's wife said:

Quote:

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.

Please explain the situation further. Who wanted to do what?

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. :?

madii'swife 11-29-2006 10:09 PM

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.

Rev.Vassago 11-29-2006 10:42 PM

Quote:

Originally Posted by madii'swife
It is my husband who thought that it "paused" the 14 hour clock to take a nap.

Only if he can go back in time to the "Old Old" regulations.

golfhobo 11-29-2006 11:42 PM

Quote:

Originally Posted by madii'swife
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.

Please see my post on that thread.

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:

Rev.Vassago 11-30-2006 01:11 AM

I ain't sayin nothin. :wink:

golfhobo 11-30-2006 04:20 AM

Quote:

Originally Posted by Rev.Vassago
I ain't sayin nothin. :wink:

WELL.... That's a "first!" :lol:

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

madii'swife 11-30-2006 02:59 PM

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 :) )

Zandalli Moon 11-30-2006 11:49 PM

Holy crap you guys....I felt like I drove 11 hours straight just reading the posts! :lol:

Rev.Vassago 12-01-2006 12:02 AM

Quote:

Originally Posted by Zandalli Moon
Holy crap you guys....I felt like I drove 11 hours straight just reading the posts! :lol:

What line did you log it on? :wink:

greg3564 12-01-2006 12:15 AM

Where's Dawn when you need her? :shock: :D :lol:

madii'swife 12-01-2006 12:16 AM

Quote:

Originally Posted by greg3564
Where's Dawn when you need her? :shock: :D :lol:

In everybody's PM boxes!!

Rev.Vassago 12-01-2006 12:24 AM

Quote:

Originally Posted by madii'swife
Quote:

Originally Posted by greg3564
Where's Dawn when you need her? :shock: :D :lol:

In everybody's PM boxes!!

You mean their EMAIL boxes. :wink:

kreeper01 12-04-2006 12:41 PM

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.

golfhobo 12-09-2006 05:11 PM

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:

C. Executive Summary

Today's rule requires all drivers of property-carrying commercial
motor vehicles (CMVs) in interstate commerce to take at least 10
consecutive hours off duty before driving, limits driving time to 11
consecutive hours within a 14-hour, non-extendable window after coming
on duty, and prohibits driving after the driver has been on duty 60
hours in 7 consecutive days, or 70 hours in 8 consecutive days. Drivers
may restart the 60- or 70-hour ``clock'' by taking 34 consecutive hours
off duty.

The 14-hour driving window and the 10-hour off-duty requirement of
today's rule combine to move most drivers toward a 24-hour cycle, which
allows the body to operate in accord with its normal circadian rhythm
and the driver to sleep on the same schedule each day. A driver may
remain on duty after the 14-hour window closes
or go off duty after the
11th hour of driving, in each case returning to work after 10 hours off
duty on something other than a 24-hour cycle. Nonetheless, FMCSA
believes that most drivers, most of the time, will go off duty at or
before the end of the 14th hour, since their principal responsibility--
driving--is illegal after that point.

Their INTENTION is to "move" us all towards a standard 24 hour day. But, they realize it will not always be practical. Therefore, their new rules are designed to ensure proper rest BEFORE returning to driving. That is why MOST of the rules/regs refer only to the 14 hour "duty cycle/window" and do not address line 4 activities AFTER that time. After studying ALL the regs AND the summaries AND this entire Final Ruling, I am 100% confident in my interpretation that one CAN be on line 4 past the 14 hour window... you just can't OPERATE the vehicle past 14 hours UNTIL you've gotten the required rest period. (caution: these line 4 hours will count against your 60/70 rule. But, as a matter of fact... you can exceed those limits as long as you are only on line 4. You just can't DRIVE if you've exceeded max weekly hours.)

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.

kreeper01 12-15-2006 04:39 PM

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:

Originally Posted by golfhobo
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:

C. Executive Summary

Today's rule requires all drivers of property-carrying commercial
motor vehicles (CMVs) in interstate commerce to take at least 10
consecutive hours off duty before driving, limits driving time to 11
consecutive hours within a 14-hour, non-extendable window after coming
on duty, and prohibits driving after the driver has been on duty 60
hours in 7 consecutive days, or 70 hours in 8 consecutive days. Drivers
may restart the 60- or 70-hour ``clock'' by taking 34 consecutive hours
off duty.

The 14-hour driving window and the 10-hour off-duty requirement of
today's rule combine to move most drivers toward a 24-hour cycle, which
allows the body to operate in accord with its normal circadian rhythm
and the driver to sleep on the same schedule each day. A driver may
remain on duty after the 14-hour window closes
or go off duty after the
11th hour of driving, in each case returning to work after 10 hours off
duty on something other than a 24-hour cycle. Nonetheless, FMCSA
believes that most drivers, most of the time, will go off duty at or
before the end of the 14th hour, since their principal responsibility--
driving--is illegal after that point.

Their INTENTION is to "move" us all towards a standard 24 hour day. But, they realize it will not always be practical. Therefore, their new rules are designed to ensure proper rest BEFORE returning to driving. That is why MOST of the rules/regs refer only to the 14 hour "duty cycle/window" and do not address line 3 activities AFTER that time. After studying ALL the regs AND the summaries AND this entire Final Ruling, I am 100% confident in my interpretation that one CAN be on line 3 past the 14 hour window... you just can't OPERATE the vehicle past 14 hours UNTIL you've gotten the required rest period. (caution: these line 4 hours will count against your 60/70 rule. But, as a matter of fact... you can exceed those limits as long as you are only on line 4. You just can't DRIVE if you've exceeded max weekly hours.)

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:


golfhobo 12-18-2006 07:24 AM

Kreeper:

I don't understand where you get this statement:

Quote:

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.
It certainly doesn't agree with anything I said in my well worded response. And it isn't found anywhere in the regs.

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:

kreeper01 12-18-2006 08:14 PM

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:

Originally Posted by golfhobo
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:


Rev.Vassago 12-18-2006 09:58 PM

Quote:

Originally Posted by kreeper01
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.

Nope. You get 11 hours to drive within the first 14 hours you are on duty after a 10 hour (or longer) break. You can be ON DUTY (not driving) after that 14th hour, but you cannot drive beyond the 14th hour.

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:

Originally Posted by kreeper01
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.

Dedicated could be coast to coast. OTR means Over The Road, and applies to drivers who are usually out for more than a week at a time. I ran OTR for many years without running all 48 states. In fact, I finally hit my 48th state last year, after 10 years of driving. I would consider any driver who is using the 70 / 8 hour rule to be an OTR driver, as it means the carrier operates 7 days a week.

golfhobo 12-19-2006 12:29 AM

kreeper01 said:

Quote:

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.
The "14 Hour Rule" applies ONLY to a window within which you can only drive 11 hours. Driving beyond that point, regardless of whether you have exceeded your 11 hours or not, will get you a violation. It says NOTHING about getting your fueling, breaks or loading done within that time.

Quote:

I have logged all the above in 14 hours while running "regional".
Which only proves you have NEVER done a long haul load where you have to manage your driving time under the 14 hour rule.

Quote:

BTW, you never specified "OTR, Regional, or Dedicated".
That is because the 14/11 hour rules apply to ALL such categories equally. The ONLY variant rule is the short haul rule (100 mile radius/15 hours) But, we weren't talking about that.

Quote:

That is where you, Golfhobo, made the mistake.
Sorry, but YOU are wrong. "I" don't MAKE mistakes when it comes to these rules. I understood them while still in CDL school. I'M not the one asking questions about them! Now.... you can argue with me, and split hairs with me.... or you can LEARN from me. I really no longer CARE.

Quote:

"OTR", you are darn tooting i won't make it (not as a solo driver), Regional and Dedicated i will.
NOT if you don't learn and understand the rules. The fines start at $400+.

Quote:

OTR means all 48 states, not the states east of the mississippi river, Regional and Dedicated are within a few state area.
OTR means anything NOT covered under the "Short haul/local driver rules." The number of states is immaterial.

Quote:

Originally Posted by golfhobo
What part of "A driver may remain on duty after the 14-hour window closes" dont you understand?

I'm STILL waiting for an answer to this.

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:

[/quote]

kreeper01 12-23-2006 06:45 PM

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.

golfhobo 12-23-2006 07:21 PM

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?

madii'swife 12-23-2006 09:46 PM

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

oldmanrandy 12-30-2006 04:05 PM

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.

kreeper01 12-30-2006 04:07 PM

Quote:

Originally Posted by madii'swife
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

Speaking of this, everyone has there own version of how they perceive the 14 hour rule.

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.

Dawn 12-30-2006 04:45 PM

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!

Rev.Vassago 12-30-2006 06:23 PM

Re: 14 hour
 
Quote:

Originally Posted by Dawn
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!

That isn't what you used to say.

Quote:

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!
Apparently you don't understand how the regs work regarding adverse driving conditions and emergency driving conditions.

Quote:

(b) Adverse driving conditions. (1) Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§ 395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive-

(b)(1)(i) For more than 13 hours in the aggregate following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(ii) After the end of the 14th hour since coming on duty following 10 consecutive hours off duty for drivers of property-carrying commercial motor vehicles;

(b)(1)(iii) For more than 12 hours in the aggregate following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles; or

(b)(1)(iv) After he/she has been on duty 15 hours following 8 consecutive hours off duty for drivers of passenger-carrying commercial motor vehicles.

(b)(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.

glasman2 12-30-2006 07:17 PM

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.

Rev.Vassago 12-30-2006 08:58 PM

Quote:

Originally Posted by glasman2
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?

Yes - as long as you were not involved in the accident, and the carrier was not aware of it prior to dispatch.

Quote:

Same goes for traffic stalls, or held up by snow ( meaning you have to wait for them to clear the road )
Yes - as long as the carrier was not aware of the weather or traffic delay prior to dispatching you.

Quote:

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.
Yes - as long as the carrier was not aware of it prior to dispatching you. For example, the storm that Denver recently had would PROBABLY not count for the adverse driving exemption, because it was made well known that the storm was coming PRIOR to it arriving. If a freak blizzard showed up, then the adverse driving exemption could be used.

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.


All times are GMT. The time now is 11:47 AM.


User Alert System provided by Advanced User Tagging v3.3.0 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.