7 Points for not switching to SB after Off Duty

You're screwed then. Driver should have never admitted to being in sleeper. As another poster said mouth shut, ears open.

 

In April of 2016 I got the same ticket (LaCross, WI), fought it and won with the following arguments:

But any time spent "resting" in a praked cmv MAY be logged off duty. Part ii was the original, part i was inserted in 2012. Thus under implied repeal (see sec v silver), in any conflict between FEDERAL laws or regulations the newest regulation "wins". Thus as long as the vehicle is parked I can log off duty regardless of my location.

The next argument that the prosecutor tried was the q & a/guidance/interpretation section that said (its no longer on the website) that time spent in the sleeper berth MUST be logged SB. However EPA V Colorado Mining ruled that interpretations cannot overrule the plain reading od the regulation and further mau not be used as the basis for fines or forfeiture .

To be fair, the judge might have sided with me because he was amused I showed up with SC case law in hand and the prosecutor was nonplussed having to argue the law in traffic court .

 

The defintion of on duty time, subset i

 

This is lile an officer citing you for not using your blinker, dumb.

 

The violation itself. The regulation didn't match the violation. I don't remember exactly what regulation I was written up under, so things might be different for you,but you should be able to get the whole thing tossed.

 

Was he released from duty? If so he was off duty. It doesn't matter if he was a sleep or not. It's a bogus ticket. I have logged off duty for 19 years never once has it been questioned. And I have paid lots of log book fines over the years

 

Correction 18 years

 

When they changed the regulations in 2012 to allow Off Duty logging in a Parked Commercial Vehicle (still not legal to log Off Duty in the Sleeper Berth btw) they eliminated the hotel/motel receipt in the regs.

The whole purpose of the change was to allow daycab drivers who have no Sleeper to be able to legally get their 30 minute required mandated breaks in by sitting in their Parked trucks rather than standing out in the rain/heat/snow/storms or whatever. At the same time Hotshot drivers could also then be able to log Off Duty and sleep in their trucks to get their required 10 hour breaks which was like an instant pay raise to the Hotshot industry.