34 Hour Restart

Driver Off Duty Authorization (395.8) [FONT=Times,Times][FONT=Times,Times]A driver may log meal breaks as Off Duty instead of On Duty not driving with a permission letter from the motor carrier if: [/FONT][/FONT]
[FONT=Times,Times][FONT=Times,Times]➤ The vehicle is parked in a safe and secure place that is not obstructing traffic; ➤ The meal break is at least 30 minutes but no more than an hour; and[/FONT][/FONT]
[FONT=Times,Times][FONT=Times,Times]➤ While off duty, the driver is relieved of vehicle and cargo responsibility; and [/FONT][/FONT]
[FONT=Times,Times][FONT=Times,Times]➤ If the driver is free to leave the premises on which the vehicle is parked to pursue other activities as long as the ability to safely operate the vehicle is not impaired as required by Part 392, "Driving of Vehicles, of the Federal Motor Carrier Safety Regulations. [/FONT][/FONT]

[FONT=Times,Times][FONT=Times,Times]______________________________ [FONT=Impact,Impact][FONT=Impact,Impact]84 [/FONT]

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[/FONT][FONT=HMNCN J+ Frutiger,Frutiger][FONT=HMNCN J+ Frutiger,Frutiger]LETTER OF OFF-DUTY AUTHORIZATION [/FONT][/FONT][FONT=HMNCN J+ Frutiger,Frutiger]​

[/FONT]This letter authorizes our driver ________________________ to be Off-Duty during meal and other routine stops.
The purpose of the Federal Department of Transportation Hours of Service Regulations (Part 395) is to keep tired drivers from operating vehicles. Under certain circumstances, however, it appears that enroute stops for meals or other routine purposes may serve to lessen a driver's fatigue.

Therefore, this letter is authorization for you to record your meal or other routine stops on your logs as Off-Duty, rather than On-Duty Not Driving as would normally be the case. However, this may be done only under all of the following circumstances.

1. Your vehicle must be parked in a safe and secure manner so as to prevent obstruction of traffi c and theft or damage to the vehicle and cargo.
2. The off-duty period must be no less than 30 minutes and no longer than 60 minutes.
3. During the off-duty period, you are relieved from responsibility from your vehicle and cargo.
4. During the off-duty period, you are free to leave the premises on which your vehicle is parked and to pursue activities of your choosing, as long as your ability to safely operate your vehicle is not impaired as required by part 392, "Driving of Vehicles", of the Federal Motor Carrier Safety Regulations

[/FONT][/FONT] 1 minute late - Looks like this is covered! I'm going to ask my spouse if he has an authorization letter signed. Oh, I don't know how the cool smiley guy got up there. hehe must have been a colon & parenthesis or something on that line.

 

Please cite a reference for that. I can't find it in my copy of CFR 395 or on the FMCSR website.

 

bear in mind that the total at a time is "no less than 30 minutes, and no more than 60 minutes." You figure 3 times a day--so when you do your 34 hr restart away from your domicile terminal you must do at least 30 in the bunk, which is what I have been trying to say.

 

By Law, if you drive, you must own a current copy of the rules and if you have hazmat, you must own a current copy of that and be able to show it if you are asked to show either of your copies or they can site you for operating an unsafe vehicle if they choose to.

 

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A MOTORCARRIER’S GUIDE TO July 2008
[FONT=COKDK B+ Bodega Sans,Bodega Sans Black][FONT=COKDK B+ Bodega Sans,Bodega Sans Black]IMPROVING HIGHWAY SAFETY
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EDUCATION & TECHNICAL ASSISTANCE PROGRAM ​

[FONT=HMHAD P+ Frutiger,Frutiger][FONT=HMHAD P+ Frutiger,Frutiger]

A Motor Carrier’s Guide to Improving Highway Safety ​

[/FONT][/FONT][FONT=HMHAD P+ Frutiger,Frutiger][FONT=HMHAD P+ Frutiger,Frutiger]Federal Motor Carrier Safety Administration Outreach Division 1200 New Jersey Avenue, SE, MC-ESO Washington, DC 20590 www.fmcsa.dot.gov
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http://www.fmcsa.dot.gov/safety-security/eta/ETA-July-08.pdf

 

Fine. I have a copy. I can't find what you cited as "regulation" in it. Please tell me where you found it. A reg number would be great.

 

The regulation for the off duty status line 1 is 395 CFR, and you have been given a link by somebody else. And as far as the regulation concerning the rule books, that is why you signed for it when you got it, if you are asked by DOT to produce your copy of the rule book and you cant, they WILL site you for operating an unsafe vehicle. Especially if you have placarded hazmat.

 

I have my copy. It's in my possession. I don't know why you think I don't have it. I said I couldn't find what you cited in my copy of the regs.

The link provided is for "A Motor Carrier's Guide to Improving Highway Safety." It is not a regulation. You said it was regulation, and I asked for a regulation number because what you said was not in CFR 395. It still isn't in 395. 395.8(h)(1) says off duty is "the period(s) of time when the driver is not on duty, is not required to be on duty, is not required to be in readiness to work, or is not under any responsibility for performing work." Not quite the "must have a letter for your motor carrier" that you're saying.

I will acknowledge that in the Motor Carrier's Guide that was linked, it does have what you're saying. But that's not a regulation, that's an interpretation. There's a difference.

 

That is not an interpretation, if you look at that you will see that this is a FMCSA publication and that to me is not interpretation, it is regulation--you can beleive it to be anything you want to beleive it to be, but the facts are that if you log the way I was explaining how you cant log your 34 enjoy your big fat ticket--it's your money. This has been confirmed by DOT themselves, so I mean you do it the way you want to. This book that you were linked to explains the regulations and how they ar to be implemented, that is what it is all about. The FMCSA rules are not like the constitution, they are not open for interpretation--they are written the way they are so they are easily enforceable. BTW, Im actually looking at my manual(official FMCSR rulebook Vol1) and all the stuff you have been told and I have said is in there so Im not sure why you are not seeing it--look under the questions in the light green and you will find it-I did.General Provisions appendix A, 34 hour restart rules are in appendix E, Sleeper Berth rules appendix F, 14 hour rule appendix C and so on.

 

Yea i agree with that if you have a haz-mat load you can take a 34 hour reset at home in a hotel or in a truck stop. No way does dot expect or believe any one of us will spend 30 hours in the bunk. 34 hours off duty can be 16 hours in the bunk and the rest on your laptop typing on this forum, if the truck is shut off and you dont move it you are off-duty. Even if the driver goes home he/she is still liable for the truck and its load!