Forced to use travel time for new HOS break

I pick up my tractor and trailer, go to a ferry and take a couple hour trip before delivering on the other side. I have always been paid for this time. With the new 30 minute break rules, my company wants me to use part of that time as the break. Am I wrong to think the ferry time is covered under 395.1 (j)?

 

I don't really want to take a break but if I have to, I don't want to be forced to do it on a no frills ferry. They are asking this so as not to extend the day, however, often enough I will have to take a second break after 8 hours anyway, defeating the purpose. And when I don't I will be doing what I have always done for less pay while trapped on a ferry for the break. 395.1 (j) seems to give me an out no?

 

We have always logged it on duty not driving.

 

Are you saying 395.1 (j) doesn't apply but because if something did happen and I had to act I should be on duty not driving anyway?

Neither the company nor I want to extend the day taking a break after I get off the ferry. But doing it their way benefits them not me. If I have to, I would actually prefer having the option of getting something to eat or running to the bank or even stretching my legs. Even if it means extending the day. Can't do any of that on the ferry.

 

So people don't have to look it up:

395.1 (j)#Travel time—(1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period.