2 hour off duty time

Discussion in 'Trucking Industry Regulations' started by revelation1911, May 24, 2012.

  1. dibstr

    dibstr Road Train Member

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    Nope


    Look at it this way. Sleeper berth is counted as off duty time but off duty time is not sleeper berth.



    The reg specifically states "immediately before or after a period of at least 8 consecutive hours in the sleeper berth;".


    It doesn't make an lot of sense (at least not to me), but I do not see how the reg can be interpreted in any manner other than what it states.

    Hope I wasn't intruding.

    Best regards
     
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  3. Scalemaster

    Scalemaster Heavy Load Member

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    Nope. Sleeper means sleeper.

    Don't try to wrestle it into something its not.
     
  4. revelation1911

    revelation1911 Heavy Load Member

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    This seems to contradicte your statement I knew I had seen it somewhere
    Question 25: May sleeper berth time and off-duty periods be combined to meet the 8-hour off-duty requirement?
    Guidance: Yes, as long as the 8-hour period is consecutive and not broken by on-duty or driving activities. This does not apply to drivers at natural gas or oil well locations who may separate the periods.


    Yes, as long as the 8-hour period is consecutive and not broken by on-duty or driving activities
    Now reading this off duty is as good as sleeper berth. There's no time amount given, just as long as it's off duty.
    Following this and adding in the new rule provision you sit in passenger seat for 2 hours off duty and spend
    8 more off duty and you'd have your ten.
     
  5. Scalemaster

    Scalemaster Heavy Load Member

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    You are reaching back to an interpretation of the old 8 hour off-duty period (currently 10). Their point was, you have to stay above line 3 to get your 8 (10) consecutive hours off-duty.

    Sleeper berth is NOT the same as off-duty when it comes to the 8/2 sleeper split. The 8 hour portion MUST be sleeper berth ONLY. That is the ONLY period of time where you are allowed to sit in the passenger seat before or after and be considered off-duty.

    Like I said before, quit trying to wrestle their words into something they did not intend.
     
  6. revelation1911

    revelation1911 Heavy Load Member

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    Well if it's the old rule? Why is it on the FMSCA site today??
    http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.1&guidence=Y
    You may not want it to be that way but it's published online today and it will hold up to legal review.

    You may not like it but it states this clear as day. Sleeper berth and off duty time may be combined just as long as it's off duty.
    Intentions are irrelevant since they're not put into words. Normally this wouldn't be of any consequence to me but for the next week or two it maybe of great use. I just try and use their useless rules to my advantage.
    Yesterday I was suprised up in Tn the police up there wasn't even aware of the new HOS changes.
    How am I wrestling anything when i read and apply what lahood & co. have posted for the world to see?
    If it was something the police could use to lighten my wallet they'd be all over it and it would be great.
    Where's the fairness in your way of thinking?
     
  7. shredfit1

    shredfit1 Road Train Member

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    To be clear, getting a hummer in the passenger seat is NOT off duty... and cannot be counted as off duty time for the 2 hours needed... However, getting a hummer in the sleeper berth, does qualify as off duty, and can be used for the 2 hours.
     
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  8. Roadmedic

    Roadmedic Road Train Member

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    It seems to have taken the fire out of some of the states on their inspections though.

    The 8/2 split is restricted to the use of the sleeper for the eight hours, then the 2 hours can be off duty for the standard OTR driver.

    The link that you provided is the one that deals with oil field work.
     
  9. wolfy7203

    wolfy7203 Light Load Member

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    You said duty...LOL:mlaugh:
     
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  10. revelation1911

    revelation1911 Heavy Load Member

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    Thats not what it states and it's not for oil field. Oil field is mentioned seperately.
    Read the whole section it has guidance on many area's of HOS.
    Just cause it's not what some may want to believe off duty and sleeper berth are considered the same by the wording.
    They posted it I just read it and look for ways to use it. I read all the guidance before and after.
    when they changed the HOS, if they intended it not to be used that way they shouldn't leave it there.
    The way it's written you can take 8 eight hrs. off duty and 0 hrs. sleeper and get 8hrs.
    The new HOS state you can do the other 2 in passenger seat and 8 in sleeper berth well, then guidance states that off duty can be combined to get 8 with no set numbers. So if theres a problem it's not with me. It's with the ones who made and posted this useless stuff for us to follow. Intent means nothing only whats written and it's right there for everyone to see.
     
  11. Eaton18

    Eaton18 Road Train Member

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    Yes when it comes to legal issues, Intent is everything. Intent is what the appellate judges, and supreme court justices look at. They try to determine what the authors of the laws meant when they wrote it. You're doing it too. You're post is all about what you think the new HOS reg's mean or it's intention.
     
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