Can a company mandate using sleeper status during 10 Hour Break

Discussion in 'Experienced Truckers' Advice' started by strongbacks, Jan 24, 2015.

  1. tinytim

    tinytim Road Train Member

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    Whether or not one must spend time in the sleeper berth isn't the question. The question is whether time spent in the sleeper berth need be logged accordingly. The answer, though painfully obvious, can be found in the guidance posted by Johan.
     
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  3. strongbacks

    strongbacks Light Load Member

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    Ok, I looked, and looked, and discovered you are right.

    In the "Guidance Questions" for 395.1 Scope of the rules, they say:
    "Question 26: May a driver record sleeper berth time as off-duty time on line one of the record of duty status?

    Guidance: No. The driver’s record of duty status must accurately reflect the driver’s activities."

    So, I will go eat some stinking crow now.
     
    tinytim Thanks this.
  4. crzyjarmans

    crzyjarmans Road Train Member

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    Sorry strongback, but you are wrong
     
  5. Brandonpdx

    Brandonpdx Road Train Member

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    Now wait a second. He was basically saying he doesn't/shouldn't have to log line 2 while on his 10 hour break, and it appears the law may no longer require it if he isn't teaming or 8/2 splitting according to post #78 by Ubu. His beef is with his company who is requiring it.

    I'm going to look into that further because I may just quit worrying about line 2 myself if possible. My company has no such requirements and I don't ever team or split. Seems like when I was taught paper logging (prior to 2/27/12 it was...) it was still required to differentiate between off duty time and sleeper time and I've just always done it that way since.
     
  6. wore out

    wore out Numbered Classic

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    My question in this is on the reset rules they just revised you had had to have 2 consecutive periods between 1 and 5 am I believe in a sleeper birth. If you just logged all time off duty how did you show those periods.


    Course all this seems petty anyways how hard is it to log it as you do it.
     
  7. tinytim

    tinytim Road Train Member

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    No, he was saying he shouldn't have to log line 2 while in the sleeper berth. "A team driver may log as off duty up to 2 hours in the passenger seat of a moving vehicle immediately before or after an 8-hour period in the sleeper berth" does not in any way change the fact that "The driver’s record of duty status must accurately reflect the driver’s activities."
     
  8. Brandonpdx

    Brandonpdx Road Train Member

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    Not saying you're wrong or anything, but I am curious how you were able to extrapolate all of that from the one little part you bolded. Did the old regs prior to that revision specifically state something about needing to differentiate between off duty time and sleeper time?
     
  9. strongbacks

    strongbacks Light Load Member

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    They are right. I have been ignorant and wrong.

    395.1 Guidance Question 26 (In the "Big Book")

    "Question 26: May a driver record sleeper berth time as off-duty time on line one of the record of duty status?

    Guidance: No. The driver’s record of duty status must accurately reflect the driver’s activities."


    So, why isn't that in the actual rules instead of being in the guidance section?

    Glad I asked, because, from what I am reading here and in the regs, it looks like I am not always logging correctly at shippers and receivers.
     
  10. Cranky Yankee

    Cranky Yankee Cranky old ######

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    the only thing elogs does is yell at you when your over 10/11/14
    the lies or sins of omission continue
    there isnt enough room on paper for how many times i pull the knobs
    because my 62 year old kidneys need relief
     
    BROKENSPROKET Thanks this.
  11. tinytim

    tinytim Road Train Member

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    Well, by my way of thinking there is no reason for it to be in the rules as it's obvious. The distinction between line 1 and line 2 is that one takes place in the berth and the other doesn't. It's like asking why all driving time needs to be logged on line 3. After all, on duty is on duty isn't it?

    That's my way of thinking. However, this subject comes up often enough that there must be some reason it causes much confusion.

    So my question would be, what is in the rules that would make someone think not logging sleeper berth when one is in the sleeper berth would be OK?
     
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