Combination of sleeper berth and off duty while taking 10 hours rest.

Discussion in 'Trucking Industry Regulations' started by TallJoe, Feb 2, 2020.

  1. TallJoe

    TallJoe Road Train Member

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    Please, correct me, if I am wrong but you can be in the sleeper berth and off duty while taking your 10 hour rest intermittently, without any limits. For example:

    log.jpg


    Let's not confuse it with the split sleeper berth break technique, which requires the 8 hour of uninterrupted sleeper berth.
     
    Last edited: Feb 2, 2020
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  3. ZVar

    ZVar Road Train Member

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    Correct. Any time you are in the sleeper legally you should be logging sleeper. Anytime not in the sleeper (and not working) you should be off duty.
    There is no limit on how many times in a break one can switch between the two. Just both together have to end up with 10 hours (or 34 for a reset) to be able to drive again.

    P.S. The attachment doesn't show, gives an error.
     
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  4. TallJoe

    TallJoe Road Train Member

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    deleted...The pic is in the 1st message.
     
    Last edited: Feb 2, 2020
  5. TallJoe

    TallJoe Road Train Member

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    Never mind. I figured it out. The graph is up there now.
     
  6. 062

    062 Road Train Member

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    What is the reason you want to do it like that versus a straight 10?
     
  7. Hegemeister

    Hegemeister Road Train Member

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    They should get rid of sleeper status.
     
  8. TallJoe

    TallJoe Road Train Member

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    Before the full ELD compliance, I either logged full 10 hours in the sleeper or off duty too.

    Now, the graph you see reflects the reality. I was woken up by a loud, broken air drier truck and decided to PC to another spot to resume the rest. The PC shows off duty driving, and will not be edited back to sleeper. Then I started the engine on and off a few times to cook a meal and brew some coffee. The engine off and on status shows on the ELD log too.
    Perhaps to make it look nicer, I should draw 10 hours off duty straight...? Would it be a false log though? I don't want to sound cynical...I am seriously debating it. Somehow I can't dislodge the stupid dilemma from my mind.
     
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  9. TallJoe

    TallJoe Road Train Member

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    It is impossible to do full 10 hour sleeper with the PC in the middle of it. On the same token, I would like to avoid unnecessary questions from a zealous DOT cop about this or that of what I was doing during 10 hours off duty.

    So if it is perfectly legal the way it is, I want to leave it intact.
     
    Last edited: Feb 2, 2020
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  10. TallJoe

    TallJoe Road Train Member

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    But where does it say so...?

    I have searched the FMCSA site to find a concrete definition of the 10 hour break and something that I could back up my presumption that the graph shown in the post #1 has no violation. A definition that would say that 10 hour break may consist of any multiple combination of sleeper birth and off duty time as long as those combinations build at least 10 hour uninterrupted time block. In order words, the 10 consecutive hours could be any combination of sleeper and off duty time.

    I could not find anything with regard to that. I would not worry about it, if I knew that all of the law enforcement who has authority over me to inspect me and put me OOS knows agrees with that too.
    The only thing of any use that I found there was in the Interstate Truck Driver's Guide to Hours of Service published by FMCSA.
    ...
    If you drive a truck that has a sleeper berth that meets the requirements of the safety regulations, you may use it to get the required off-duty time in three ways: 1. You may spend time in your sleeper berth to get some, or all, of the 10 consecutive hours of off-duty time. When getting your 10 consecutive hours of off-duty time, what is most important is that you do not go on duty or drive during those 10 hours. At the end of the 10 consecutive hours of combined sleeper and/or off-duty time, your 11-hour driving and 14-hour duty-period limits would completely restart....

    Even though it was published by FMCSA, this is still a guide book only. I wish there was a HOS bible book, not just summary of HOS on the FMCSA site,
     
  11. ZVar

    ZVar Road Train Member

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    Go read 395, specifically 395.3. it's really not that long. Just about everything you've been asking lately is answered specifically there.
    Electronic Code of Federal Regulations (eCFR)

    395.1 does have this, which specifically answers the question you asked:
    g) Sleeper berths—(1) Property-carrying commercial motor vehicle—(i) In general. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§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
     
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