Can a company mandate using sleeper status during 10 Hour Break

Discussion in 'Experienced Truckers' Advice' started by strongbacks, Jan 24, 2015.

  1. ATX

    ATX Light Load Member

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    Company policies vary; my first company was anal about using SB. When at a customer, the QC had to be either On Duty or Sleeper Berth; Off Duty was not allowed during that time. The smaller company I am now with does not even have Sleeper Berth as an option in the QC. Go figure. I do agree that the SB provision in the Regs was/is primarily intended for the team driving situation.
     
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  3. strongbacks

    strongbacks Light Load Member

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    Aug 30, 2012
    Palm Bay, FL
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    Wouldn't post this question at all if I was on paper. On e-logs, you can't "catch up your logs" at the end of your break. This is why I think it is a bit much to ask that while I am off-duty, not working, to constantly switch back and forth every time I get out of the truck in a 10 hour period.
     
  4. Brandonpdx

    Brandonpdx Road Train Member

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    I've used e-logs and if i forgot to switch over to line 2 before bed I just went back and edited it the next morning. Not that big of a deal but I think you're over thinking this a tad. just leave line 2 as one continuous block of time from when it starts to when you get up to start your day.
     
  5. strongbacks

    strongbacks Light Load Member

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    I got a response from my company's national safety manager during this discussion.

    He agrees with me, not my regional transportation manager.

    Sleeper berth only required by law when conduction a sleeper berth operation. Otherwise, off duty is sufficient, regardless of whether you are in or outside the truck.
     
  6. strongbacks

    strongbacks Light Load Member

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    Palm Bay, FL
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    I got a response from my company's national safety manager during this discussion.


    He agrees with me, not my regional transportation manager.


    Sleeper berth only required by law when conduction a sleeper berth operation. Otherwise, off duty is sufficient, regardless of whether you are in or outside the truck.

    So, TNMT, PedigreedBulldog and Grumpy, you guys might want to pause and say....hmmm, what does this really say and not say:
    (It really is our responsibility as CDL holders to know this)

    § 395.2: Definitions.
    On-duty time shall include:
    (4) All time in or on a commercial motor vehicle, other than:
    (i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
    (ii) Time spent resting in a sleeper berth; or
    (iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
    --------------------------------
    § 395.3: Maximum driving time for property-carrying vehicles.


    (a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:
    (1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;
    (2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.
    -----------------------------------
    § 395.8: Driver's record of duty status.
    (h) (2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in § 395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)
     
  7. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Are you a sleeper berth operation? If so, that section you highlighted does not apply.
     
  8. G.Anthony

    G.Anthony Road Train Member

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    Ok, I really do not know your personal problem doing your log. Hundreds if not thousands of truckers do a log, bet it elog, or paper, and nary a biotch about it. Yet here you seem to be "pissed off" that you have to actually draw a line or two, or three, or hey, maybe ever 4!

    Why is it that everyone else "just does it" and everyone checking the log books are happy and content about it, and you seemingly think that you are so special you do not have to as well? here you sit with a mere 2 years experience, and you're "pissed of" at the regulations, your valuable time drawing a line and yada, yada, yada.

    For Christ sakes, man up, stop the babbling and log your freaking book.

    If your company "mandates that you show sleeper berth time, then ###### do as they say, and end your senseless psycho babble.
     
  9. *Five-0*

    *Five-0* Light Load Member

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    Hey...I'm over here!
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    Interesting academic discussion going on throughout this thread....

    Regardless of the letter of the law and so forth, I can see a strong advantage to being able to show a log book with 'sleeper berth' logged on a regular basis in any possible criminal or (more likely) civil actions brought as a result of a collision. This would entirely take the notion of a fatigued driver out of the discussion. Otherwise, as a driver who drives a truck equipped with a sleep berth and has never logged as having used it, you would be having to explain in a convincing manner in front of a judge and jury that you have, indeed, obtained sufficient rest despite never having logged sleeper berth. If you have logged sleeper berth, your logs would eliminate this discussion entirely.
     
    peterd and G.Anthony Thank this.
  10. G.Anthony

    G.Anthony Road Train Member

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    If he wishes not to take his time and draw lines because it pisses him off and he does not show sleeper berth time, then he had better show a motel/hotel receipt or if staying at a friends house for his 10, he had better be sure to tell that friend he will be called to testify his were abouts for said hours not shown getting his proper rest. Said friend would be under oath and subject to perjury.

    New drivers, 2 years or maybe less, and they got all the knowledge us guys of many more years in thier little pinky.
     
  11. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    In a van down by the River.
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    I just use sleeper for everything, except pc and repairs.
     
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