Can a company mandate using sleeper status during 10 Hour Break

Log it like you do it. Simple! I you are in the sleeper, log accordingly. If you are off duty, standing around shooting bs or at home watching t.v., log it on the top line. You never have a problem if you follow this simple practice.

 

You are in the sleeper, be it laying down, on your head, sleeping, running in circles, you log sleeper. The moment you step out of the sleeper into the front area for more than a few minutes or leave the truck while in an off duty status you have to log off duty.

You drive, you log driving.

You are on duty/not driving, you log on duty.

DOT will question the logs if you have 10 hours of off duty and no sleeper during a DOT break. They will ask a simple question like where did you sleep? You say the sleeper and you logged Off Duty, you now have a log book violation.

You go home, you log off duty.

The driver may not return to driving subject to the normal limits under § 395.3 without taking at least 10 consecutive hours off duty, at least 10 consecutive hours in the sleeper berth or other sleeping accommodations, or a combination of at least 10 consecutive hours off duty, sleeper berth time, or time in other sleeping accommodations.

Log it as it is.

 

Just log it sleeper for the entire 10 break. Do whatever you want. Usually I don't log off duty and sleeper. Just too lazy to change it back and forth while on a 10 break. Strictly legal? Meh probably not. Now you may loose workman's comp? Cause your said you were in the sleeper when you were actually outside the truck when you fell and hurt yourself? I cause some would go that low to deny your claim. Wouldn't surprise me. Doesn't seem unreasonable to me. It does say sleeper when in the sleeper. Off duty if your not. I don't see what your complaint is about.

 

Also sad fact your log is a diary like it or not.

 

Your understanding of the regulations is rather poor, and you might think about giving them another read before you start picking fights you just won't win.

"Sleeper" is NOT the equivalent of "Off Duty", and it certainly is not "optional" as to which way you can log your time. ANY time you are on/in a CMV (with a few recently added exceptions), you are "on duty"...the sleeper berth only allows you to get your required break while remaining in the CMV. If you exit the CMV, as in getting a motel room or spreading a blanket out on the ground beneath a shade tree, then you can log "Off Duty". However, if you are in the sleeper, you need to log it on line 2 or else you are falsifying your log book.

 

Well OK then this is a lost cause. I hope to be there at the scale when you show 7 days of logs all off duty for your 10 and the DOT asks where did you sleep. LOL

 

That's an excellent point on that WC issue. And I wouldn't put it past any carrier to do that, you've really got me thinking now about the 15 min. rule at shippers and receivers.
We all know your not really on duty only 15 min. on your logs, but it could take 2 to 6 + hours in some cases at each facility. If your on the docks and logging off duty. Well.............