14 Hour HOS Question

That’s what I’m saying. You’re in a daycab so you log off duty for a couple hours and extend your day, but then take your full 10 off duty without sleeper berth (because you don’t have one) how is that not a 14 hour violation?

 

It is. Extending the 14 is part of the split sleeper provision. No sleeper means you can’t use that provision.

 

A 10 hour break resets the 11 and 14 yes. It doesn't, however prevent a violation of the previous day if one went over 14 hours. A sleeper berth period has to be taken. There is no other option.

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) Does not exceed 11 hours under § 395.3(a)(3); and
(2) Does not violate the 14-hour duty-period limit under § 395.3(a)(2).

 

Really?
There is no way, no way, to use a split sleeper berth option in a day cab.
Day cab means no sleeper. No sleeper, no sleeper berth.
The rule isn't that you must LOG sleeper berth, the rule is that you must log sleeper berth and actually, physically be IN the sleeper.

 

393.76 describes what qualifies as a sleeper. So as mentioned above, if a daycab does not meet those requirements, you can’t use the split sleeper berth rule.
You can’t log sleeper berth period.

 

Daycab=no split berth

 

Many posts ago I mentioned that if you extend your day past your original 14 you have to complete the split sleeper to be legal. I was told that was inaccurate because a couple people got hung up on how a 10 hour break resets the 11 and 14. I made the post about the daycab to point out that at some point you have to complete the split sleeper and you can’t just log a full 10 hours off duty and get your hours back and be legal. I’m well aware that you need a sleeper to log sleeper.

 

Just a note that this is wrong. A "day cab" driver most certainly can go beyond a 14 hour shift. Once a week, or since last reset if they met a couple of other requirements they can do a 16 hour day.