HOS question-Is there a Maximum time allowed in sleeper?

Technically, yes you are to draw a line from sleeper to off duty. As to responsibility, you are relieved of responsibility when you are required to take your break, unless you are hauling 1.1, 1.2, or 1.3 explosives, which require "constant attendance". Then you must have a qualified person actually relieve you. This is why those loads are usually "Team Only", except in some short haul operations.

 

Autocar,
I disagree.. from what I've read of that regulation it does not limit it to those hazmat classes. Off-duty is for when a driver will not have any responsibility for the truck or load. The only time I'm allowed by my company to log off-duty is when I return to the yard for the night and am not scheduled to load until the next day, or on Friday evening/night when I'm off for the weekend. If I'm out on the road I'm responsible for that truck and the load, so am not allowed to log time off-duty. I'm not just disagreeing based on my company's policy, but what I've read in the FMSCA regulations. I could be wrong, if so please show me where it specifically states as you posted..

 

It is found in the interpretations of 395.2. My Carrier has it printed on the inside cover of all our logbooks.

http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.2&guidence=Y
Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time?
Guidance:1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a Commercial Motor Vehicle (CMV) will be significantly reduced.
3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.
4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?
Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.
Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the Commercial Motor Vehicle (CMV) is laden with HM and the CMV is parked in a truck stop parking lot?
Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a Commercial Motor Vehicle (CMV) is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a Commercial Motor Vehicle (CMV), the employer and the driver must comply with §397.5 of the FMCSRs.

 

Thank you. What you posted supports my interpretation, that unless I'm relieved of all duty, responsibility then I can not log off-duty. For meal stops I must and do log on-duty not driving. That would also support that I can not log off-duty from sleeper berth to go inside the truck stop. It further talks about the driver being able to leave the premises where the vehicle is parked. I can not do that.

Basically what you posted addresses the issue about driver's logging off-duty for meal breaks, and that the company must have some sort of documentation granting the driver the permission to do so.

 

Yes, it is up to the Carrier to issue the permission. Notice that it must be in writing, but there is no requirement to retain the statement in the truck or the office. I have never had an officer ask, though.

 

No, that would be ON-DUTY (not driving) and DRIVING. Servicing, fueling, washing, etc., of the truck is all ON-DUTY time... legally.





Personally, I have gnomes that do it in the middle of the night. I've never even seen them.



Except for fueling, they never seem to manage that task when I am on my 10 or reset.



Maybe none of them have a CDL and they're exceptionally responsible gnomes.

 

Only someone in government could write a regulation like that.

 

Like Hunts Point back in the day.

 

From what your saying your company has made it impossible for you to even get a ten hour break, as you are always on duty. They have to relieve you of duty so you can get your 10 hr break. Like it was stated earlier line 1 and line 2 are both off duty, you have to be compleatly relieved of ANY responsability's to log either of them.


I think what it boils down to is use some common sense when you fill out your log. Should you log that bathroom break in the middle of the night? Technically yes, but who's gonna know if you don't. For me regardless of how it really happens I usually log somewhere between 45min to 1hr 15min. as off duty when I park and before I go on duty for the day, for a ten hr break. On a 34 I show sleeper berth at night and off duty thru the day. That way I know I'm covered if I get pulled around back.

 

HEHE Fun times!