34 Hour Restart

(Not picking on timtruck this time, just using his quote to illustrate )

This requirement for off-duty authorization brings up an apparent conflict. According to the letter outlining the authorization, requirement 2) states:

The off-duty period must be no less than 30 minutes and no longer than 60 minutes.​

Okay, but if I choose to do a split-break, then I could take two hours, none of which is required to be in the sleeper (although it may be if I choose), i.e., a two hour lunch.

Okay, so maybe it isn't exactly a conflict, but I can sure see how it can create confusion.

 

With the comp. I work for if I have hours left and can legally run then yes they could pull me off a 34 to go p/u a load as long as I had already been off 10. As long as you got hrs available and it was legal why would you want to push back work for a 34. If the load. Has time on it and you can't del. Early then yeah by all means do a 34 why wouldn't you. The 34hr restart should be used as a tool to work with not motivation to work towards.

 

But a split break is not covered in the authorization letter. Remember, you're talking about duty time with the letter. A split break is not duty time, it's rest time.

But in Regard to a split break the 2-hour period may be sleeper, off duty, or half and half.

The applicable rule for split rest can be found at 395.1. Incidentally, it's no longer called a split break/rest period. The legal name for a split since 2003 is the "equivalent of at least 10-consecutive hours off duty". I'll show what we called the split stuff in bold. It's at the very end of what I pasted below........


General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in Sec. Sec. 395.2 and 393.76 of this subchapter, (A) Must, before driving, accumulate (1) At least 10 consecutive hours off duty; (2) At least 10 consecutive hours of sleeper-berth time; (3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or (4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section; (B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and (C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and (D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours.(ii) Specific requirements.--The following rules apply in determining compliance with paragraph (g)(1)(i) of this section: (A) The term ``equivalent of at least 10 consecutive hours off duty'' means a period of (1) At least 8 but less than 10 consecutive hours in a sleeper berth, and (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.

I did not include all the (g)(1)(i) stuff as that is inapplicable to the point but the immediate above is what we called the split sleeper rule but the bold is where you get the 8 & 2 split now.

 

Yes, I understand that and I should have been more clear in my post.

 

My question is why do you need that form?

Can you not just put in the remarks restroom break and log it as off duty?

I mean looks like you are comparing apples to oranges the regs say that you must have a 10 hour break 8 continuous hours which must be logged in the sleeper and the other two can be any combonation of the two.

What is the problem if we take the 10 hours and then short breaks through out the day as off duty?

If we stop at the truckstop or rest area for a bathroom break why would we need to log it as on duty not driving we would be out and away from the truck. That should not be looked at as on duty.

 

My Friend,

There is no requirement to write meal break, rest room break, pre-trip inspection, or anything but the city and state location, or the mile marker, highway, and nearest city & state etc., in the remarks section where the change of duty transpired. Anything else is just material with which a cop may use to hang you. Remember, the more you give them, the easier it is to prove something is improper/illegal. I know. I've done it in my past life. It's usually, but not always depending on the circumstances, written up as falsification pursuant to the FMCSA directives to the federal inspectors (at least this was the directive to federal inspectors). I can't address what the states do because they do things funny as we know.

And again, you are correct here as you are talking apples & oranges. The legal rest period has nothing to do with the written memorandum. It appears as though you are confusing the written memorandum with a legal rest period which is again, incorrect.

The written memorandum is just for times when you are working (during your 14-hour period so to speak). During this working time frame, you are required to log everything as line 3, or line 4 including meal stops, rest room stops........everything unless the carrier offers you the written memorandum to log meal stops and other such short periods (such as rest room stops) as off duty. Legal rest periods are not considered as working/on-duty time.

This memorandum has nothing to do with a complete and legal rest period. It is only for meals and other short periods while you are working. When on your legal rest, you are not legally working/on-duty, and free to do as you wish within the confines of any carrier requirement/imposition.

Nothing is wrong with taking 10-hours and then legally taking short breaks throughout the day as you suggest. But you must also remember that under the present regulations at 395.1, any period of rest less than 2-hours, even if it is in the sleeper, must be considered as duty time toward your 14-hours. The new rule requires that you log this time as sleeper berth, but you must add/consider that sleeper berth time for your 14-hour time if it is less than 2-hours.

In Re. your last paragraph: Look at the definition of on-duty time. The very first part of the definition of on-duty time at 395.2 states that duty time is "All time from the time a driver begins to work, or is required to be in readiness to work, until the time a driver is relieved from work, and all responsibility to perform work...............". Here's the actual definition from 395.2:

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include (but is not limited to......these few words & bold & underlined print were inserted by me to simply clarify the issue): (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection [[Page 462]] site, in order to comply with the random, reasonable suspicion, post- accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; (8) Performing any other work in the capacity, employ, or service of a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier.

Under this definition, rest room stops are on-duty, not driving unless you have in your possession the written memorandum allowing you to log them as off-duty simply because of the very first part of the definition of on-duty time.

 

See my trainer told me to log all those little stops as off duty. I did not ever have any problems with the company when they looked at the logs.

 

Hi Gang I have been hanging around for a few weeks now reading and learning a lot, so for that thank you all. This is my first official posting so I hope I don’t sound to stupid. I have been reading this thread for the better part of a few hours now, on and off. I am about to driving OTR and need to make sure I have this right so I don’t do anything wrong.
#1 you cannot drive for no more than 14 hours a day
#2 you have to take at least 10 hours off after 14 hours before you can drive again
#3 you cannot drive for more than 60 hours in 7 days or 70 hours in 8 days
#4 as long as you don’t drive more than 14 hours in 1 day or 60 to 70 hours in 7 or 8 days you don’t actually need to stop for 34 hours. (at least that’s what one of the posts earlier said)
Really I’m not an idiot, I guess because it’s new to me and I’m really afraid of screwing up, even typing it I’m a little unsure. I get the sleeper thing and the off duty thing I guess I just need someone to tell me that what I wrote up top is accurate or make the corrections and help me on the right path. Thanks.



Tim

 

Almost

This is copied from your post and corrected.
#4 as long as you don’t drive more than 14 hours in 1 day and 60 to 70 hours in 7 or 8 days you don’t actually need to stop for 34 hours.

And the 7 or 8 day rule depends on the carrier you drive for. If your carrier has trucks rolling 7 days a week, you have to use the 70 in 8 day rule. If your carrier doesn't have trucks rolling 7 days a week, you have to use the 60 in 7 day rule.