HOS 8 hour rule question

Discussion in 'Experienced Truckers' Advice' started by runawayload, Oct 2, 2013.

  1. Mark Kling

    Mark Kling Technology Contributor

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    Statesville, NC
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    Rule covers Line 3 and 4 combined. If you drive for 7 hours and drop to line 4 for 1 hour, then you have to take a break.

    30-Minute Break - The rule includes a provision that allows
    truckers to drive if they have had a break of at least 30 minutes, at a time of
    their choosing, sometime within the previous 8 hours. However, the final rule
    requires that if more than 8 consecutive hours on duty have passed since the
    last off-duty (or sleeper-berth) period of at least half an hour, a driver must
    take a break of at least 30 minutes before driving. For example, if the driver
    started driving immediately after coming on duty, he or she could drive for 8
    consecutive hours, take a half-hour break, and then drive another 3 hours, for a
    total of 11 hours. Alternatively, a driver could drive for 3 hours, take a
    half-hour break, and then drive another 8 hours, for a total of 11 hours. In
    other words, this driver could take the required break anywhere between the 3rd
    and 8th hour after coming on duty. A driver who plans to drive until the end of
    the 14th hour and wants to take only one break will need to take a break between
    the 6th and 8th hour after coming on duty. Drivers will have great flexibility
    in deciding when to take their break. By postponing the latest point at which
    the break can be taken from the 7th to the 8th hour, the rule will make it
    significantly easier for team drivers to fit their break into their schedules.

    Reposted from another site.

    So anyway… I have to admit that this rule is a bit more complicated than I originally thought. I thought, “8 hours of driving, take a 30-minute break, then finish your day.” Easy squeezy, right? Not so fast, Hot Rod. First, the 8-hour thing includes any on-duty, off-duty, or sleeper berth time under 30 minutes. So if you fueled for 15 minutes, that on-duty time counts towards the 8 hours. But what if you pull into a rest area and show 15 minutes in the sleeper berth while you make your cup of ramen? Yep. That counts towards the 8 hours too. But if you extend that for 15 more minutes, it counts as the 30-minute rest break. That’s great, right? Well, maybe. That all depends on when you took the break.
    Did you know that if you aren’t careful as to when you take your 30-minute rest break, you may actually have to take two 30-minute breaks in one 14-hour day? This will be most likely to happen if you take your break before the 6th hour. Let’s walk through an example. Say you start your day at 10 AM and you take a 30-minute lunch break 6 hours later at 2 PM. This break qualifies as your 30-minute rest break. But it also restarts the 8-hour clock. So you go back to driving at 2:30 PM. At 10:30 PM (eight hours later and still within your 14-hour day), you need to take another rest break. So if you want to avoid wasting an extra 30 minutes per day, try to remember not to break the first 6 hours of your day!

    _______________

    So, basically the rule covers lines 1, 2 , 3, 4; once you begin your On Duty time. Any time on Line 1 or 2 that does not equal 30 minutes counts towards the 8 hours.
     
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  3. allan5oh

    allan5oh Road Train Member

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    Also note, just like the 14 hour rule, you can be on-duty past the 8 hours, you just cannot be driving. Also as others have stated, take it within 6-8 hours of your day. That way it's easier to keep track of, you only need one 30 minute break.
     
  4. tinytim

    tinytim Road Train Member

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    Northern Ontario
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    Do you have a source to back that up? What you posted supports what I said.
     
  5. snowwy

    snowwy Road Train Member

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    Jul 6, 2009
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    i don't know why this is even an argument for discussion.

    most of you are on the computer. it'll tell you how much driving time you have before your done for a break OR the day.
     
  6. runawayload

    runawayload Light Load Member

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    Sep 5, 2012
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    Im not on Elogs, Im on paper. I only read this "May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper-berth period of at least 30 minutes. [49 CFR 397.5 mandatory "in attendance" time for hazardous materials may be included in break if no other duties performed]" which made me think it was like any 9-5 where you have to take a lunch within the first 5 hours and a second break after 12. I didnt realize that it meant after a straight 8 no matter if you took one before the 8 hours was up.

    Like I said, it only happened once that Im aware of, I try to drive around 9-10 hours a day and take my break when I fuel.
     
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