HOS new rules

Yes you'd have to log line 2 for 8 hours for your 14 to pause with the first consecutive 2+ hours of off duty. There are probably a few drivers out there who log line 2 if and only if they are actually in the sleeper but I'm not one of them so this "drawback" is of no concern to me.

 

I see now that I misunderstood the question but the answer is still no and I suspect that the question is more of a rethorical or even satirical sort than serious.
A break of 2 or more hours will stop 14 hour clock in that situation.
There are some variations to be discussed.
For instance, what happens when you take more than 1 break of 2 or more hours:
e.g. 2 hours and 4 hours ... which one should count?
But I'll leave it there for now.

 

The fact that some ELDs will show it as violation until after the 2nd break is satisfied, does not mean that there was a violation at any time at all. They show it as alleged: e.i.if a driver will not take any break within that extended shift.
The way it was handled by the ELDs...presuming a violation before it actually occurs is simply deplorable.

 

That’s what I was getting at. At some point you have to start the split sleeper and it makes no sense that you couldn’t come off a reset or home time and split your sleeper on the first day out unless you falsify your log. I’d rather chance my log showing a violation until the second break than show my truck sitting still for a few days but all the sudden I have 7 hours in the bunk before I leave town.

 

I take back my previous answer because I didn't see how pairing up your 2+ break with a later 7+ break (with 7 consecutive hours in the sleeper) does extend your first 14-hour work shift after coming off your reset, once the 2+ becomes part of a split break. The reason is that the rule says it's the total of the two work periods on each side of the 2+ break (without counting the 2+ break itself) that cannot exceed 14 hours.

This provides an example of a situation where you can be in violation then have some future action negate the violation, which is something I was previously claiming wouldn't/shouldn't be possible. It definitely is possible.

I'm not worried about DOT citing me for something like this that becomes legal later. They hardly ever look at my logs in the first place, so the chance I happen to be in such a situation when they do is very remote. And if that ever does happen, the chance that they then ignore what I tell them about the rule and cite me anyway seems even more remote. And, assuming I happen to roll snake eyes two times in a row and get cited, the chance that the judge sides with the DOT in court is pretty much zippo. I'd hate to have to go to court though.

By the way, I entered a scenario at the FMCSA's educational page to verify what I said above. It's at: ELD - Educational Tool for Hours of Service

 

7hrs 32 mins 83n sleeper this am.
2hr 4 mins just now and have all my time back.
Keep trucking elog

 

Deleted. Redundant post.

 

Maybe one of you can clarify this scenario for me.
I was going to be able to stop at my home overnight in the middle of a run.
It was going to be tight on the 14 hour rule, but I was off duty for over 2 hours while waiting for my load to be finished.
Could I have paused my 14 during that time then gone home also off duty for 12 hours. There would have been no time in the sleeper to satisfy that part of the rule.
As it was I squeaked into the truck stop with 18 minutes left and had my wife come pick me up.

 

I'm not one of the experts so my answer could be wrong. But doesn't the split require at least a 7 hour sleeper pairing.

 

I don't know anymore....
The way I see it is that anything off duty of no less than 10 hours renders completion of the 2nd sleeper break unnecessary - that's just sound logic. However, having played with that FMCSA tool I am getting different outcomes for the same scenario.

For example:
Figure 1: Shows that the default 14 hour shift ends and midnight but the driving event continues past Midnight and creates a violation of driving beyond 14 hour shift. The 6 hours off duty are not supposed to count against the 14 hour clock, if there is intention of a split break.

Figure1:


Figure 2: shows that driving stops at 3 am (11 hour limit is up but the 14 hour shift is not if there is intention of a split break)


Figure3:
Well, we decide to go home for 12 hours: Somehow the tool still shows the violation



Figure 4:
Ok let's substitute the off duty period with a sleeper break: and the violation is not shown


Figure 5
OR something like this: which would mean that before going home we'd have to finish the 2nd break in the sleeper (7 hours)


Figure 6
OR no violations shown in this:


Figure 7
Or even this:




Figure 8.
Yet, for whatever reason this figure is not good and it shows violation...



GO FIGURE....