Can a company mandate using sleeper status during 10 Hour Break

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

  1. strongbacks

    strongbacks Light Load Member

    58
    16
    Aug 30, 2012
    Palm Bay, FL
    0
    If you read the posts, I do not use paper logs. Sure would be easier if I did.
    No, my changes need to be in real time. The Computer needs to be powered up. I don't know about you, but if I am on a 10-23 hour break, I turn off unnecessary electricity. Myself, I only drive when I am rested. I make sure I get my sleep. When I am off duty, I am not working. I am not starting up the truck, waiting for a computer to boot up, and going through the four screens to change my duty status just so I can buy a juice and take a piss, or whatever else puts me outside the truck.

    If you read the posts, you'd already see that my assumptions were correct, my understanding of the HOS regulations solid.

    Now, it is easier for a lawyer to disprove a drivers log when he reports his status as sleeper, yet the lawyer finds video or a credit card transaction proves otherwise. However, by simply being off duty, there is no risk of a falsified log. I really shouldn't expect a driver who only knows paper logs to understand any of this. I don't need to prove I am rested, a lawyer needs to prove I was not rested. Showing sleeper status does not prove I am rested. Showing that my duty status is sleeper and proving I wasn't in my sleeper at any time makes me non credible.

    So, now, at this point, if you wish to criticize, go ahead...I found the regulation and proved my point. Showing sleeper when you don't have to will bite you in the ###. The FMCSA specifically states to only use it when doing an 8/2 or team.

    "Better to be thought a fool, than to open your mouth and remove all doubt."
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. strongbacks

    strongbacks Light Load Member

    58
    16
    Aug 30, 2012
    Palm Bay, FL
    0
    By the way, Pedigreed Bulldog, a "sleeper berth" operation is not a type of company. It is a split sleeper 8/2 break.

    I have concluded, through all of this, that not only is a college education not required for trucking, it is also a frustrating thing to have while trucking. So much experience here, so little study.
     
  4. strongbacks

    strongbacks Light Load Member

    58
    16
    Aug 30, 2012
    Palm Bay, FL
    0
    If you fail to see the liability concerns for a company or a driver with the incorrect use of sleeper berth, or you just always do stuff because "everybody else" and you are too lazy to read and understand the actual regs, then retire already. Would you even pass a CDL exam if you had to take one today. I doubt it.
     
  5. G.Anthony

    G.Anthony Road Train Member

    4,564
    5,952
    Dec 10, 2014
    0
    Don't even go there sunshine.

    Let us know how you do if you ever get into an accident and are personally sued. Seems to me you think you know it all, when in fact you know sheet.
     
  6. strongbacks

    strongbacks Light Load Member

    58
    16
    Aug 30, 2012
    Palm Bay, FL
    0
    For anyone else to criticize or argue at this point, even though:

    1) I posted the regulation that proves what I thought it did. (Found most important part after thread started)
    2) A DOT rep agreed with my interpretation.
    3) My National safety manager agreed with me (which I learned after the thread started)

    means either:

    1) You never used an elog system where you cannot change entries after they are made, and entries cannot be made for time past.
    2) The FMCSA regulations are too hard for yuou to both read and understand.
    3) You know very little about negligence as a topic in civil court liability.
    4) You might be a redneck, lol
     
    bobtrucks2204 Thanks this.
  7. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,737
    14,422
    May 7, 2011
    0
    Wrong. Splitting the 10 hour break has nothing to do with whether or not you are a sleeper berth operation. A sleeper berth operation simply involves the use of a sleeper berth. If the company runs only day cabs, the regulations allow the graph grid the company uses to omit the line for sleeper berth because they have no sleeper berths available for their drivers to use. Any driver logging sleeper berth time while operating a truck with no sleeper berth would be falsifying his log, just like a driver who logs off duty while resting in the sleeper berth is falsifying his logs.

    Arrogance gets you nowhere, because somebody else will always come around who's got a higher education or a broader vocabulary or a fatter bank account or a prettier wife or whatever it is you are trying to compare. You came in here asking a question, and you didn't get the answer you were looking for...so you argued. Now you're upset that everyone didn't agree with you and assume they are less educated. I'd bet dollars to donuts you aren't the most educated one around here.

    You're correct, though...a college education is not a prerequisite for driving a truck. If you are implying that I do not have one, you are sorely mistaken. I spent 4 years at a state university and left with one of those BS degrees, and I'm not alone. There are people around here with advanced degrees, too. There are people driving trucks as a 2nd or sometimes even a 3rd career, after retiring from other lines of work or moving on to bigger and better things, offering a wide variety of expertise in varying fields beyond just truck driving. There are folks around here who are current or retired LEO's and even commercial vehicle enforcement officers who regularly read and contribute in these forums. There are even people around here who are or have been employed in the safety departments of various trucking companies, and people who have run their own trucking company for years. You would be amazed how many people there are around here who are well versed in the rules and regulations because it wasn't just their job to know them, but to argue with fools working for them who had a gross misunderstanding of the rules because they heard from some guy at the truck stop that such and such was or wasn't legal.

    The flip side to that is there are also some who are ignorant, and others who are just stupid. There are people driving trucks who have failed in life, and drive a truck to avoid living in a van down by the river. It takes all kinds of kinds to make this world go 'round, and life would be a whole lot less interesting if not for the wide variety of differences among us.
     
    brian991219 and TLeaHeart Thank this.
  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,737
    14,422
    May 7, 2011
    0
    Where does the FMCSA "specifically state" not to log sleeper berth time unless team driving or when splitting the 10 hour break? Please post that regulation, because I've read them more than a few times over the years and have a pretty good idea what all is in there, and that's one I have never come across.

    ....and :biggrin_2559:
     
  9. BigBluePeter

    BigBluePeter Heavy Load Member

    705
    826
    Aug 8, 2009
    0
    The question arises. If you are in the sleeper are you off duty or not? My company believes you ARE off duty even if you are in the sleeper. If you plan on doing a split though then you log sleeper for 8 then 2 any as off or sleeper. The intent of the company in this example is to force split breaks and run their drivers harder, THAT is why you don't log sleeper. 10 hours consecutive off duty regardless of where you are and what you are ding is sufficient ..... until they write some new regulations can get a more clear wording of the law. I use 10 one line 1 regularly and have never had an issue. I also use split breaks when needed and again never had an issue. Know how to explain your logic and you wont have an issue either. Just ask the DOT cop to prove you weren't off duty while you were in your sleeper sleeping.
     
  10. Cranky Yankee

    Cranky Yankee Cranky old ######

    15,317
    210
    Jan 31, 2012
    Green Bay Wi
    0
    dont sweat the small stuff
    it is all small stuff
    just log the way it looks ok at the scalehouse
    paper or elog there is some kind of lie on every page
     
    EZ Money Thanks this.
  11. NewbiusErectus

    NewbiusErectus Medium Load Member

    587
    620
    Jun 27, 2012
    0
    Well dagnabbit ya shoulda turned that thar libral arts degree loose on yer reg book before botherin us toithless folk with yer petty overthinkin .

    Seiously tho, you didn't say you were on elogs in your op, then started blasting everyone that gave suggestions for paper (as if anyone is going to scour this thread to see if you updated it with complete info). You ask for help before reading the regs, then blast everyone for not reading the regs.

    Yes, it just may be that you're a genius stuck in a field for the mentally challenged :biggrin_2559:
     
    G.Anthony Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.