Service Hours Question

That driver probably received a citation for showing sleeper berth while in the front seat, NOT for being over-hours while not driving. Why do I say that? Because it is NOT a violation to be on duty past the 8th, 14th, or 70th hours as long as you do not DRIVE. The regulations don't have to offer "guidance" or further "interpretation" because they are crystal clear in saying you cannot DRIVE if your working hours have reached certain limits without first taking the necessary breaks.

 

Right now, I just got up and still trying to wake up so I don't remember if this is correct or not but when you hit your 70, you are on the 34 hour reset. The 34 hour reset is OFF Duty or Sleeper only, is not allowed to take place with an ON duty status.

I have an email here that said that they suspended the 34 hour reset but then I've got a memo that stated the 1am to 5 am and the once a week limit is what was suspended, not the 34 hour reset.

My team drivers when they hit their 70 shut down as required for 34 hours, let me clarify that a bit, if one hits it, then other shuts down so they have an even clock. AND they are not allowed to go on line four during that time.

 

Might want to fully wake up before you post. The regs have been shown. It's ok to go over 70 on duty (not driving)
There also are no regs on what a co driver does to effect your own time.

 

About the only thing you got right in all of that is that when you're on your 34, you have to stay on lines 1 & 2...anything on 3 or 4 and you get to start it all over again, or wait to pick up hours on the recap.

 

That was what I did with the spouse, one of us drain hours dry, we both stopped. It was time for a rest and chores anyhow. That recap will start barking again come midnight and off we go. No reset in our time out there. We made sure to keep each other even on the hours. But I generally hid a few hours under my hat in case the balloon went up in dispatch.

 

One small correction, if a driver is in the passenger seat of a CMV, "resting", then it does make a difference whether the other driver is driving or not. You can be off duty in the passenger seat of a CMV while it is not in operation, but only under very limited circumstances in a CMV that is in operation.

 

You are correct to a point. But, you are never required to take a 34 hr restart. If i started work on sunday, and work some every day, and run out of hours on saturday evening, or Sunday sometime, i can get up at midnight sunday night (monday morning) and drive some more. To simplify it, the hours i ran last sunday are not counted in the 7hr in 8 day total after midnight the following sunday. So you "get them back" to use on the ninth day. You may be smarter, and better off to stay off duty a few more hours and get a 34 restart. But it is not ever required by law. You can run recap and basically work every single day forever if you pay attention to your hours used and available.

 

One is allowed 2 hours in the passenger seat in a truck that has a sleeper, and the non-driving driver combines it with 8 hours before or after to get 10 hours.

 

A lot of teams do what is referred to as a "rolling restart", where driver #1 starts his 34 when driver #2 takes over for his 14 hour shift. At the end of driver #2's shift, the truck is parked for 20 hours until driver #1 completes his 34 off. Then, by the time driver #1 finishes his 14 hour shift, driver #2 is done with his 34.

Basically, as long as there is a driver with hours to drive, the truck CAN roll. The driver who is on his 34 must remain in the sleeper while the truck is in motion and cannot go to lines 3 or 4 for any reason during those 34 hours or else the hours won't be zeroed out. You'd either have to start over with the 34 hours OR wait until you gain hours on the 8 day recap.

I'm not sure what you mean by "playing the margins", as the regs are pretty clear...and you're either compliant or you aren't. As long as you have hours available whenever you're DRIVING, you're OK. It doesn't matter when/where/how long you are on line 4 NOT driving, just take whatever breaks might be necessary to bring you back within the HOS guidelines prior to climbing behind the wheel to drive again.