Neither of the two qualifying breaks with one of a minimum of 2 hours (either off duty or sleeper) and the second one of which the minimum of 7 hours must be spent in the sleeper will count against the 14 hour clock.
When you start a day at 6:00 am and don't take any breaks at all your "drive time" shift will always have to end at 8:00 PM
If you take off duty break during that shift by more than 2 hours then the end of the shift is moved to 10 PM at which point you have to take another break which if added to the 1st break will result in at least 10 cumulative hours. Unless you decide to go for the full 10 hours off duty.
HOS new rules
Discussion in 'Ask An Owner Operator' started by Beaver9, Sep 21, 2020.
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Trucker61016 Thanks this.
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Maybe the ELDs are having hard time implementing the new rule.
I think that the best thing is to play with the examples on the FMCSA tool...make up different scenarios and see how they turn out. Then reread the rules again and keep playing with it until it registers in mind in some logical coherence somehow. I am still in the proces myself.. We should not allow ELDs to interpret the rules for us. They are there only to record time and make entries on the graph.Trucker61016 Thanks this. -
Trucker61016 Thanks this.
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If someone does not utilize the new sleeper berth split provision to its fullest then that's their prerogative. That's not mandatory.
Sticking to pre 9/29/2020 HOS won't hurt anything about HOS compliance.Trucker61016 and Cattleman84 Thank this. -
Trucker61016, stuckinthemud and Cattleman84 Thank this.
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Trucker61016, stuckinthemud and Casimir66 Thank this.
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A SPLIT SLEEPER BERTH BREAK is the ONLY situation in which you can use the new rule to extend your 14.
The new rule DOES NOT extend the 14 by the amount of the first 2+ break after a 10-hour break. You seem to think it does, which I get---I thought so too when I first started looking into this subject. Turns out that nope, it doesn't.
The reason you violated the 14-hour rule from midnight to 00:45 under the new rule is because no split sleeper berth break had been completed. The 14-hour clock that you were under at midnight was thus still the one that began at 10 AM. Again, no extension occurred when you took a 3+, because your 10-hour break plus the 3+ break DID NOT COUNT AS A SPLIT SLEEPER BERTH BREAK. Without a split sleeper berth break, there is no way the new rule can be applied.Last edited: Oct 17, 2020
Reason for edit: clarity -
When you take the first break, be it short or long, the ELD doesn’t know what you’re doing so your clocks continue. When you complete the second break, whichever one you need to fulfill the requirement, then it recognizes the split sleeper. It says right in the regs that neither period count towards your 14. It’s pretty cut and dry.
DieselDisciple, Trucker61016, Wasted Thyme and 1 other person Thank this.
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