Sleeping setup in your pickup.
Discussion in 'Expediter and Hot Shot Trucking Forum' started by JChors, Sep 17, 2014.
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Nowhere in the regs says the driver HAS to SLEEP in a HOTEL of at a FRIENDS, and provide proof of sleep...it says you must be OFF DUTY, meaning not driving, and not working on the truck...that's all...nothing more, nothing less. -
I think this is what you are looking for. It is from JJ Keller who am pretty sure we can all agree knows what they are talking about. After all, they did write the FMCSA. For those not wanting to read what you are looking for is the top of page 24 listed under "Other CMV Time". It states that
"Resting in or on a parked CMV, as long as you have no responsibilities or obligations to the company." is listed as Off Duty. We all know that when you get 10 hours of Off Duty time you can drive again.
https://www.jjkeller.com/wcsstore/CVCatalogAssetStore/samples/493h/493Hpages32-34.pdf -
Case closed....thanks tanhands
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if i argue any more, the mods are gonna kick me out.....so im leaving this tread....but before i go, none of you have looked at the definition of duty. Technicaly the back of your truck is a passenger seat and new regs say you cant spend more then 2 hours off duty in the passenger seat during your break.
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Who said anything about that... Your original argument was that you could not claim off duty without sleeper berth for 10 hours, and you have to have a sleeper or a hotel....both of which are untrue...now your grasping for strings...I have no back seat at all...no regulation sleeper, but no seat...how does that classify as the passenger seat? The passenger seat and 2 hr rule is for team drivers...
Anyhow, bye bye now maybe you learned something today...but probably not -
395.2 in your green book.......
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Richter, the law was amended to allow drivers to log their 10 hour break as off duty time regardless of where they slept, including in the back seat area of a pickup. It's the culmination of years of case law and disputes over the definition of a sleeper berth, and what space is necessary to provide adequate rest. To tell a 5'2" driver that they could not adequately rest in the back seat area, even when modified with a bed/mattress and adequate ventilation, was an untenable legal argument in the eyes of the court.
As a compromise, it was deemed that the sleeper berth dimension requirement would be upheld if the driver chose to log sleeper berth time. But if the driver chose to log off duty time instead of sleeper berth time to complete a 10 hour break, even if the driver was sleeping in his rig or pickup, the sleeper berth dimension provisions would not apply as long as the driver was not demonstrably exhibiting signs of fatigue upon inspection by a law enforcement officer.
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