Glad I ran into this thread.
On my Friday I used split shift to get a load done. I then went off duty at the truck stop and have gone home for a few days. I checked on my log on my phone and sure enough it said I was in violation. I simply edited the off duty to sleeper and it fixed the problem.
What a silly way to write a rule.
Link to split break explanations
Discussion in 'Trucking Industry Regulations' started by Army91W, Apr 24, 2022.
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I have found what I was looking for 395.1(g)
(g) Sleeper berths -
(1) Property-carrying commercial motor vehicle -
(i) General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in § 395.2, and uses the sleeper berth to obtain the off-duty time required by § 395.3(a)(1) must accumulate:
(A) At least 10 consecutive hours off-duty;
(B) At least 10 consecutive hours of sleeper berth time;
(C) A combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours;
(D) A combination of sleeper berth time of at least 7 consecutive hours and up to 3 hours riding in the passenger seat of the vehicle while the vehicle is moving on the highway, either immediately before or after the sleeper berth time, amounting to at least 10 consecutive hours; or
(E) The equivalent of at least 10 consecutive hours off-duty calculated under paragraphs (g)(1)(ii) and (iii) of this section.
(ii) Sleeper berth. A driver may accumulate the equivalent of at least 10 consecutive hours off-duty by taking not more than two periods of either sleeper berth time or a combination of off-duty time and sleeper berth time if:
(A) Neither rest period is shorter than 2 consecutive hours;
(B) One rest period is at least 7 consecutive hours in the sleeper berth;
(C) The total of the two periods is at least 10 hours; and
(D) Driving time in the period immediately before and after each rest period, when added together:
1)" style="margin-left: 60px;">(1) Does not exceed 11 hours under § 395.3(a)(3); and
2)" style="margin-left: 60px;">(2) Does not violate the 14-hour duty-period limit under § 395.3(a)(2).
(iii) Calculation -
(A) In general. The driving time limit and the 14-hour duty-period limit must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(i)(E) of this section.
(B) 14-hour period. The 14-hour driving window for purposes of § 395.3(a)(2) does not include qualifying rest periods under paragraph (g)(1)(ii) of this section. -
(B) 14-hour period. The 14-hour driving window for purposes of § 395.3(a)(2) does not include qualifying rest periods under paragraph (g)(1)(ii) of this section.
What I read here is the qualifying rest periods do not count against the 14.
I started at 8pm
I took a six hour rest period. The six hours cannot be counted against the 14.
A traditional 14 would of been over at 10am. Add 6 hours to it and my 14 was extended to 4pm. It seems like my ELD is correct. -
Army91W Thanks this.
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I’m not a software writer. -
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Well Sir, I'm just as confused about as you are on the violation.
As to explaining and understanding what your clocks are after the 2nd part of a sleeper berth split, this is how I understand it. After the 2nd break, your 14 and 11 are reset to the spot in time when you finished the first part of the break and went back onto an on duty or driving status. Hopefully as example may make it a bit easier to understand. So, say you did the first part of a split. Once you started your clock again, you did 2 hours of driving and 1 hour of on duty and then began the second part of your split. When the 2nd part of the split has been completed (doesn't matter if you stay in a non-duty status, once the requirements are met, the clocks update), you'll have 9 hours of drive time and 11 hours on your 14. And, your clocks will set there until you either begin duty, or complete a full 10mand get your full clocks back.
I, like you, run reefer and do splits often to extend my 14. But, always take a full 10 after instead of just the 7 to 8 in sleeper berth. Just makes sense to spend an extra 2 to 3 hours and get my full clocks back. -
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