Written up for being in the shower while logged as sleeper berth.

Discussion in 'Questions From New Drivers' started by RuralTrucker, Jul 22, 2022.

  1. REALITY098765

    REALITY098765 Road Train Member

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    No it isn't, never has been, but it is perfectly legal not to log 5 min in your scenario.
    BUT it IS illegal either way.
    Another question
    When are you suppose to log in the OP's situation?
    Wasn't he legal until he got back into the truck?
     
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  3. ZVar

    ZVar Road Train Member

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    Might want to read the regulations.
    § 395.1 Scope of rules in this part.
    (g) Sleeper berths -
    (1) Property-carrying commercial motor vehicle -
    General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in § 395.2, and uses the sleeper berth to obtain the off-duty time required by § 395.3(a)(1) must accumulate:
    (A) At least 10 consecutive hours off-duty;
    (B) At least 10 consecutive hours of sleeper berth time;
    (C) A combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours;

    So, mind showing what regulation there is that supports your assertion a combination of sleeper/off isn't valid?
     
  4. TravR1

    TravR1 Road Train Member

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    I think there's more to that story than what was said. I worked for FFE which was a terrific company and no one called me about anything other than staying on duty while fueling. FFE is affiliated with KLLM. I don't have many complaints about them worth mentioning.

    But that said, if you want to be a Hank Hill about your logs and everything else, you wont make any money. Those idiots that make the rules about hours and shippers and everything else... do you really want to be 100%? I would go home and work hourly. Screw that. Once you are done making money for the day, you are off duty or sleeper. That's when you shower, eat, watch your movie... etc.

    Usually I take about 12 hours off, not 10. I like to watch a movie while I eat and unwind. It's a personal reward. The company I drive for doesn't say anything. And FFE never had to word to say either. Extra work like calling in a blown out tire isn't logged. I'm in the back, off duty. That's not their business. I can't sleep on command. Leave me alone. My body will fall asleep when it is tired and that's usually after being awake for 16 hours, like clockwork. The 10 hour rule is stupid in my case.
     
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  5. Moose1958

    Moose1958 Road Train Member

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    I agree 100%. I do wish the FMCSA would issue some regulatory guidance on that part. What I mean is a simple statement that a brief exit from the sleeper for physiological reasons would not be considered a log violation. This would make life so much easier for drivers as well as the carriers.

    As for now, with the landscape being what it is I highly recommend a driver not exit that sleeper and walk away from the truck until you change status.
     
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  6. REALITY098765

    REALITY098765 Road Train Member

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    I'm not saying that. I'm saying there is no distinction between S B AND OFF Duty and that if you log those changes you don't comply with that reg because you are interrupting that cycle.
    And the short term exemption says you don't have to.
    Which ever way you do it is wrong under the current regs.
    IMO the only way to be 100% legal for this purpose is to make your sleeper a ''legal'' motor home.
     
  7. REALITY098765

    REALITY098765 Road Train Member

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    To what exactly, Its also illegal to predetermine your log.
     
  8. ZVar

    ZVar Road Train Member

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    Except you are still wrong.

    § 395.8 Driver's record of duty status.
    The duty status shall be recorded as follows:
    (1) “Off duty” or “OFF.”
    (2) “Sleeper berth” or “SB” (only if a sleeper berth used).

    § 395.2 Definitions.
    Sleeper berth means a berth conforming to the requirements of § 393.76 of this chapter.

    So yes, the first part of your assertion is wrong. There is a difference between off duty and sleeper.
    As for the second part of your assertion that changing the duty status is an interruption, FMCSA is clear in their guidance that small interruptions are ok. As there is no regulation that contradicts that, we have to go off the guidance at that point. For example it's specifically pointed out that taking a call while off duty, even work related, is still off duty.

    §395.2 Definitions.
    Guidance Q&A
    Question 5: Do telephone calls to or from the motor carrier that momentarily interrupt a driver’s rest period constitute a change of the driver’s duty status?
    Guidance: Telephone calls of this type do not prevent the driver from obtaining adequate rest. Therefore, the FMCSA does not consider these brief telephone calls to be a break in the driver’s off duty status.
     
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  9. Moose1958

    Moose1958 Road Train Member

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    I know some safety critters that absolutely hate doing log training. What should take 30 minutes tops can devolve into hours if they were to let it. This is why I tell drivers ALL THE TIME, to log according to how your carrier wants you to log. Debating a dang comma in a reg or adding to or taking away from a reg is simply silly. @ZVar is correct here. I just can't express this enough! LOG it how the company trains you to do it! I don't think DOT cops wearing tactical clothing and guns will jump out from behind a tree if you get out to water a tree and go back to bed. I do think that you should change that status to off duty if you are going to be out of the truck for much of anything longer than a quick meal.
     
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  10. tiddlytanker

    tiddlytanker Light Load Member

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    I always log sleeper birth but during inspection I had one day logged off duty instead. Despite it being an obvious mistake I still got a violation from the DOT officer for logging off duty when in sleeper birth. BS law that shouldnt exist
     
  11. tiddlytanker

    tiddlytanker Light Load Member

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    upload_2022-8-13_14-18-46.png

    Here is proof if you guys dont believe me.

    Ill also say this. I start my 10 hour breaks as sleeper birth and it stays that way for the 10 hour break. If I go into the truck stop for a few minutes I dont change it. While technically this might not be legal I am willing to chance it. I didn't get bothered during a FMSCA audit about it. If I ever do get a warning or violation, I will change that habit.

    Repeatedly having to update my logs while off duty sounds a lot like on duty work to me while I am supposed to be resting.
     
    Last edited: Aug 13, 2022
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