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- Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)

- - 34 Hour Restart & DOT Regs (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/23696-34-hour-restart-dot-regs.html)

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Originally Posted by golfhobo

Dawn said:

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Maybe I overlooked it? I would like anyone’s information as to where I typed these exact statement.

Well... I see the Rev beat me to it. But, I was GONNA warn you, Dawn. Without even looking, my memory tells me that you DID say it!! :shock:

I can't defend you, or anyone else, from what you DID say. Maybe from what you MEANT by what you said.... but, when you say you looked through the thread and didn't SEE where you said it?..... I can't help you.

I WILL say that.... in THIS post, you ASKED for our help in finding your original statement, so MAYBE.... the wolves will be kind to you!

Good luck.

I found where I stated that, but if you read the paragraph above the last statement it clearly states if you are in the sleeper then log it in the sleeper, if you are off duty then you log it off duty.

I also thought I would take the heat off you and Rev and give it back to me. I was getting a little jealous even though my name is brought up all the time. I have always heard when someone is always talking about that means they love you :lol:

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Originally Posted by Rev.Vassago

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Originally Posted by Dawn

As we all know some officers will question you on something and some won't. Learn before you get the citation . Again not false information, it is facts!

I cannot disagree with this.

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Rev: You claim I made this statement would you or anyone else please find where I stated this exact comment?
Dawn wrote:
Keep in mind no one is going to believe you was in the sleeper 34 hours straight. DOT will question you on this

Maybe I overlooked it? I would like anyone’s information as to where I typed these exact statement.

Page 2, about 3/4 of the way down. Your first appearance in this thread.

Rev.Vassago wrote:
kjax wrote:
speaking of the reset, how is that logged, exactly? I've been having issues with the person checking our logs, about the way I've been doing that, specifically with hours worked in previous days. Does the FMCSA have an example? I couldn't find one.

Ok this is what I typed on page 2:
It should be logged as it happened. If you were in the sleeper berth, then it should be logged as sleeper berth. If you got out of the truck, then it should be off duty. The 34 hour reset can be any combination of the two, as long as it isn't broken up with any on duty time.

If you are referring to the recap (which I think you are), just zero it out after completing the 34 hour reset. That is the purpose of the reset - to zero out everything.

But, that being said, do it as your safety department tells you to do it.

Ok thanks I didn't read that when going back through.

Keep in mind no one is going to believe you was in the sleeper 34 hours straight. DOT will question you on this

Rev maybe you should understand what is being said in the paragraph and the last "statement" is a fact. I said if you are in the sleeper then log it in the sleeper. DOT will question you being in the sleeper for so many hours (I had drivers tell me they had 15 hours) without getting out. Is it possible to be in the sleeper that long, yeap if you are like me :lol: . But you better be ready to explain etc. 34 hours in the sleeper I better be sick or well set in that truck (which is possible as well).
So I know what I said is true and accurate. Unfortunately you read it incorrectly and unfortunately you are giving drivers the impression it does not matter if you log 34 hours in the sleeper. I hope they can afford the ticket that goes with that fine. I guess when/if they get fined they will find out the hard way.

Keep in mind no one is going to believe you was in the sleeper 34 hours straight. DOT will question you on this.

Back to top

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Originally Posted by Dawn

Umm you can't find it because I didn't say it.

Are you really that blind, Dawn? I already told you - PAGE 2, ABOUT 3/4 OF THE WAY DOWN. :roll:

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Originally Posted by Rev.Vassago

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Originally Posted by Dawn

Umm you can't find it because I didn't say it.

Are you really that blind, Dawn? I already told you - PAGE 2, ABOUT 3/4 OF THE WAY DOWN. :roll:

Yes I agree with you! :lol: Write that in your on line journal :lol:

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Originally Posted by Dawn

Rev maybe you should understand what is being said in the paragraph and the last "statement" is a fact.

No, it's not. It is YOUR opinion.

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DOT will question you being in the sleeper for so many hours (I had drivers tell me they had 15 hours) without getting out.

No, they won't. I've logged 34 in the sleeper more times than I care to remember (because I rarely get out of my truck and go into truckstops), and have NEVER had DOT question me on it.

MIGHT they question a driver on it? Sure. But that doesn't mean the WILL do it.

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So I know what I said is true and accurate. Unfortunately you read it incorrectly and unfortunately you are giving drivers the impression it does not matter if you log 34 hours in the sleeper.

No, that is what YOU are reading into it. I simply disagreed with your ABSOLUTE statement that DOT WILL question you on this.

Besides, even IF a driver gets out of the truck during a 34 hour reset, he only needs to log it on line 1 if it takes more than 15 minutes. Anything less than 15 minutes does not require a line change. I know I can go to the bathroom in less than 15 minutes. Heck - if I really have to go, I can do it in 5!

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Keep in mind no one is going to believe you was in the sleeper 34 hours straight. DOT will question you on this.

A false statement all the way through. You don't know what DOT will and will not believe, and you don't know what DOT will and will not question. :roll:

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Write that in your on line journal

I don't have one. :roll:

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Originally Posted by Dawn

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Originally Posted by kc0iv

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Originally Posted by Dawn

Drivers I would take my advice and never log you are in the sleeper while you are really off duty (in truck stop)

Make it real simple on yourself. Log all the time as OFF-DUTY. Then NO ONE has any reason to question, be it D.O.T. or your log department, you what you did or when you did it.

There is NO rule or regulation that says you have to say what you were doing or when you did it when you are on line 1.

kc0iv

That statement you quoted does not even come close to what Rev "Claimed" I said.
Sorry there is a rule that states your log must accurately reflect the drivers activities.
395.2
Question 26: May a driver record sleeper berth time as off-duty time on line one of the record of duty status?
Guidance: No. The driver's record of duty status must accurately reflect the driver's activities

Make it simple on your pocket and log it as you do it.

I know this is just a waste of time for YOU Dawn but maybe others might understand the use of Line 1 (OFF-DUTY).

Using YOUR logic a driver would NOT be allow to show OFF-DUTY (line 1) anytime he/she was in a CMV. Yet the regulations says and I:

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Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.
395.8(h)(1)

Now when one reads the definitions of 395.2.

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On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

Your use of the guidance

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Question 26: May a driver record sleeper berth time as off-duty time on line one of the record of duty status?
Guidance: No. The driver's record of duty status must accurately reflect the driver's activities

address the case of a driver who is attempting to log OFF-DUTY while he/she has NOT been relieved of duty. Once a driver has been relieved from work this guidance no longer applies. The exception to this is the case where a driver performs work for another company.

As a side note A driver DOES NOT have to be at his/her home terminal to be relieved of duty. SEE the example at http://www.fmcsa.dot.gov/rules-regul...?section=395.8 Figure 3 GRAPH GRID FILLED IN. Along with the description of this log sheet discuss in this example.

You will also notice there is no discussion as to if the driver (in the example) spent a portion of the time in the sleeper birth while he/she was OFF-DUTY.

Once a driver has been relieved of duty ALL time spend is logged as OFF-DUTY (Line 1) and what a driver does during that time DOES NOT have to be recorded. With the exception noted above.

I until someone can show me a driver is required to log what he/she is doing while OFF-DUTY I stand by my statement. Again with the exception noted above.

kc0iv

This is actually an area where the regs contradict themselves. I can use a CMV for personal conveyance, and log the time as "Off Duty", yet the reg specifically says that ANY time spent at the controls of a CMV are considered "ON DUTY" time.

WOW!!! :shock: :shock: Talk about flogging a simple question into oblivion!!! :lol: :lol: :lol: :lol:

I read all of the posts, but got wore out about the time I got to the end of page 5... :shock: :?

One thing I had not noticed up to that point was anyone pointing out that the taking advantage of the 34 hour restart can be restricted if your employer denies you the permission to utilize it.

In other words: If your company puts it in writing that you do not have its permission to use that rule, you cannot do a 34 hour reset, and can only use the hours that you pick up each midnight.

I've never heard of any company restricting the use of the 34 hour reset. 8)

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Originally Posted by Rev.Vassago

Thats because the standard book says that, but the book that contains the "guidance" makes the allowance for it....that is the ability to use the CMV, (tractor only) for a personal conveyance and logging off duty.

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Originally Posted by Skywalker

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Originally Posted by Rev.Vassago

I'm aware of that, but that isn't the point. The regs specifically say that ALL time spent at the controls of a CMV are to be logged as ON DUTY, yet the time spent at the controls of a CMV for personal conveyance can be logged as OFF DUTY. They contradict each other.