Logging Off Duty Instead of Sleeper Berth

So, reading into this statute, it looks like if you were say, at the truckstop for 11 hours, but only in your sleeper for 7, you would TECHNICALLY be required to log it as 7 hours sleeper, followed by 4 hours off-duty......

Now, I never did such a thing (and maybe the statute was different then..), but I never really read it this closely before, either.

 

By 395.8(e), all logs must be accurate, and with sleeper berth being defined in regulations, that implies off duty would be any situation that doesn't fall under any on-duty status, but also doesn't meet the requirements for SB.

So really what that means is 99.9% of us are logging incorrectly, unless there are really people swapping from sleeper berth to off duty every time they walk in the store, then kudos to you.

My *opinion* is that sleeper berth status is a defined compartment with a defined intention (to rest). If I'm going to pick one, off duty or SB, to use by default for my 10 hour breaks for sake of simplicity, I'm going to go with side of caution and pick the one defined as being intended for rest, and the one that would be most common as an OTR driver. Only times I use off duty is to grab lunch during a 30 or for hometime.

There was actually one time I pissed off an officer enough to give me an out of spite inspection, and it passed that test, so I guess that's something lol.

But I do stand corrected, I thought the online law office websites and blogs offering guidance were doing so backed by regulations, but the regulations leave it way more up to interpretation than I thought.

Personally, I think it's not worth while to 'take a stand' and log only off duty, right or wrong, but I'm no babysitter and it makes no difference to me. If you all have made it over a decade without any issue, then it's pretty understandable to not change what has worked so far. FMCSR's should be updated to give more clear guidance, or if not, combine the two statuses into one status for simplicity.

 

Maybe they'll also require cruise control be used by hot shots and sprinter vans it's such a consistent thing that I'll see a dang hotshot a mile back in mirror and already start dreading the moment they pass me and immediately slow down. It's like clock work. Very bizarre.

Some of those fellas do things right though and operate a legit hot shot business, so more power to those that do.

 

I agree. It’s like any other segment of this business. Many do it right and fly under the radar. The others stand out for a reason. No different than the guys with tape marks on their trucks from changing company info while dragging Amazon trailers.

 

Before electronic logs anything 7 minutes or less didn't require a change of duty status. So if you climb out of the sleeper and walk around your truck then get back in it under 7 minutes you don't have to change duty status.

It's weird you're willing to die on this hill. Sleeper berth time is sleeper berth. Yep it's off duty but unless you can prove with a hotel receipt or you're at the home domicile you're wrong logging sleeper "off duty" and you will get a ticket on that eventually. But you do you keep on falsifying.

 

Your valid point got lost in the pedantry. It doesn't say you have to sleep on your 10, just that it can be any consecutive combo of sleeper and off-duty. But it does say elsewhere in the regs you're not supposed to drive unless you're rested.

 

And your opinion would be right, but only some of the time. SB doesn't show intention to sleep, it shows location of the driver during the off duty period. This does NOT mean you can't get out of the truck to do something if you need to. It just tells DOT "I'm taking my break in the truck today, not in a hotel or on home time." If you have not shown any sleeper time since 2016 and you can't come up with a single hotel receipt, then you better hope you can dig through your things and find a tent that you can show that you pitched behind your trailer every night, or else you'll get a big fat HOS violation ticket.

Nobody cares if you show SB and get up to go take a leak in the truck stop in the night or evening or whatever. They care if you NEVER show SB yet seem to be well rested. Then they ask "where and when did you sleep?

I go jogging every day for over an hour, and never move myself from SB because I am still tied to the truck. I have nowhere else to sleep nor will I ever sleep outside the truck during that break.

 

Keep in mind an attorney doesn't have to actually prove anything. They just have to convince a jury.

 

Well, 3 loads this week alone got delivered on time courtesy of using SB/splits and 3 days were turned more productive. Will take my chances with DOT issuing a subpoena to Love's and my bank on the side of the road... which they can't and won't due to crossing the line into warrant territory. My answer will forever be 'all my logs accurately reflect what I was doing at the time' if I'm ever questioned for it.