There's a fringe case that doesn't seem to be made clear by the text of the new HOS rules. It relates to the new way split sleeper birth is handled. Under the new rules, if you take split your sleeper birth time into 8hr/2hr or 7hr/3hr then neither period will count against your 14 hour clock for the day. This is great news, but it makes the following scenario a bit unclear.
Let's say you're starting a fresh week following a 34 hour reset to make things simple. You start your day at midnight. This means your 14 hour clock will run out at 2pm. You arrive at a shipper in the morning and they keep you at the door so long that you log 2 hours of sleeper birth time while you're getting loaded. Your 14 hour clock is pushed out by 2 hours and now ends at 4pm. So far so good. Now let's say you deliver that load around 8am and the receiver also keeps you at the door so long that you log another 2 hours of sleeper birth time. Does this ALSO push out your 14 hour clock so that it now ends at 6pm? Or does it override the previous 2 hour sleeper birth break and your clock still ends at 4pm? This doesn't seem to be made clear by the text of the new regulations.
Does anyone know the answer?
Weird question about the new (Sept 29) HOS rules.
Discussion in 'Trucking Industry Regulations' started by Driver#3141592, Jun 27, 2020.
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Good question! Heck if I know!
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I wouldn't worry about it too much yet. One of the infrastructure bills being considered would halt the implementation of the HOS changes.
tiddlytanker and Metalicious Thank this. -
I believe it does not extend it yet again. You can't keep doing it. You get one of those splits per 14 hr drive segment. If I were to guess.
Because if that were the case you could stay on indefinitely. Keep doing the splits and your 14 hours could go all week.D.Tibbitt Thanks this. -
- Say you take a 2.5 hour sleeper birth period during your day while getting loaded. Did you just extend your 14 hour clock by 2 hours or 2.5? Does only a full increment of 2 or 3 count? Or does the whole thing?
- Say you take two shorter sleeper birth periods as in my original example. One is 2.5 hours and the other is 3.5 hours. If we assume only one counts, then which one is it? The longer one? The first one? The most recent one? At this point I don't know if you just extended your clock by 2, 2.5, 3, 3.5, or 6 hours.
Nostalgic, Wasted Thyme and Accidental Trucker Thank this. - Say you take a 2.5 hour sleeper birth period during your day while getting loaded. Did you just extend your 14 hour clock by 2 hours or 2.5? Does only a full increment of 2 or 3 count? Or does the whole thing?
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Second 2 hour period does not stop nor extend 14. Only the first short period (2-3 hours) extends your 14. Only a qualifying second period (8-7 hours) will do the same.
You can do them in any order; short then long, or long then short, just so they add up to 10. If you stay in split sleeper, then your third break and your second break must add up to 10, etc.
Anything between 2 and 3 hours, or 8 and 7 hours will extend the 14. Those are the upper and lower limits.Last edited: Jul 12, 2020
wis bang Thanks this. -
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...at least 7, rather than at least 8 hours of that period in the berth and a minimum off-duty period of at least 2 hours spent inside or outside of the berth, provided the two periods total at least 10 hours...
- Hours of Service Drivers Final Rule | FMCSA
Note it says "at least" and not only so many hours. It was specific before because even though it also said "at least" there is only one way for 8 and 2 to add up to 10. Now it can be anything between 7-8 and 3-2 so long as it adds up to 10.
That is also how the Canadian rules work, although ours is a bit more flexible by allowing any combination as long as neither period is shorter than 2 hours.Last edited: Jul 16, 2020
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