The 30 minute break

Technically we can take the 30 minute break after the 8 hour period has expired as well. The only restriction is if the driver wishes to drive beyond the 8 hour mark, they must take the 30 minute break.

If a driver was On Duty and Driving for up to 7:59:59 then switched to On Duty at the 8 hour mark, they would of course, not be in violation at all. They would however, need to perform a 30 minute break if they want to drive commercially within their 11 and 14 hour limits.

 

Ok.....and that happens......NEVER.

 

It happens for me quite often. I get paid by the hour so I let the On Duty time fly as long as possible. I generally leave Stockton CA around 0300 and arrive in Reno NV around 1000 more or less and then have to unload my own trailer with a forklift which can take over an hour with the unstrapping and finding the forklift which may or may not be busy on the jobsite. When I'm done, I do my 30 right there, then deadhead to my next reload.

 

Basically, you can not legally drive if you go longer than 8 hours since your last, at least 30 minute long off duty or sleeper berth break. So, once you start your clock for the day, within 8 hours, you have to take a 30 minute or longer off duty or sleeper berth break. Also, the break has to be continuous. If you stop during that 8 hour span several times and you were off duty over 30 minutes total, but none of them were a continuous 30 minutes, they don't count. It has to be continuous and that 8 hour clock is not paused when you go off duty. If you stop and are off duty for 10 minutes, your 8 hour clock does not pause while you are off duty. Your 11 hour drive clock will pause since you are not driving and the amount of drive time you have after the 30 minute break will be 10 minutes more.
And, like a few have mentioned, soon you will be able to satisfy that 30 minute requirement with on duty, not driving time or a combination of on duty and off duty time. But, it will still have to be continous with no driving time in that 30 minute period.

 

While I dislike merging threads, this very lawsuit is why I said what I did in the other thread about PC. The FMCSA Would have lawsuits filed within days if they actually wrote PC rules that actually allowed PC! Just saying!

 

Where is that written?

no mandate ...

 

I worked a "regular" job for nearly 20 years before going OTR full time... I dont remember very many lunch breaks, or anyone saying I had to take one.

 

Not federal but there have been several lawsuits in Washington and California that have caused then to make rules about lunch breaks n what not.

 

NY and CT have rules mandating lunch.
My current residence MO does not.

 

California requires a 10 minute rest period every 4 hours worked. In my old life, we would start our day at 0700 and at 1000 we would do the 10 minutes. At noon we would take our 30 minute lunch but combine the afternoon 10 minutes in with it so we'd take a 40 minute lunch then work til 1530 then go home.