I received a 14 hour violation, but there’s only one problem.........

Discussion in 'Ask An Owner Operator' started by SeeSaw, Aug 21, 2019.

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  1. TallJoe

    TallJoe Road Train Member

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    He had one period of at least 8 hours in the sleeper then another of at least 2 hours. He can take however many little breaks in between. On that very day his 14 hour clock started when his first at least 8 hour sleeper berth period ended.

    10 30 PM is the end of the 14 hour shift if given that graph alone.
     
    Last edited: Aug 21, 2019
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  3. JonJon78

    JonJon78 Road Train Member

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    Your in a league of your own with the entire trucking deal, therefore you dont count. Atleast in my book.
     
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  4. JonJon78

    JonJon78 Road Train Member

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    I dont see how that could be reversed though... That's like getting a violation for a head light out and then you call DataQ after you've already replaced the bulb? IDK
     
  5. skellr

    skellr Road Train Member

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    Do you only need one headlight, legally? I don't see how that analogy is the same.
     
  6. JonJon78

    JonJon78 Road Train Member

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    A headlight, marker light, taillight... Any light period...
     
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  7. ZVar

    ZVar Road Train Member

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    Unlike the common misconception, only the required lights have to work. If all the required ones were working like skellr stated , the citation was wrong.
     
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  8. skellr

    skellr Road Train Member

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    Obviously not. I had required lighting for the marker lights. Head lights had a different requirement.

    What if there were 5 marker lights and one was out. I would still have required lighting. What a LEO interprets is a whole nother rats nest. It wouldn't be shocking to fail an inspection for having 1 of 5 lights out. That doesn't mean its right/legal.

    Take it or fight it.
     
  9. Powder Joints

    Powder Joints Subjective Prognosticator

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  10. Powder Joints

    Powder Joints Subjective Prognosticator

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    Never mind I, I think he did have drive time available because of the 14 hour rule not running out till 14:15. But I can see how the cop may have made the mistake. Also The 8 hour portion or the 2 hour portion only entitles you to drive till the unused 11 hours or the 14 run out.
     
  11. not4hire

    not4hire Road Train Member

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    Not true. There is no requirement for the next break following the 8 in the sleeper to be 2 hours. It is only a requirement that there be a separate period of at least 2 hours (within the alloted time); eg., driver stops for a pee break and a smoke, takes him 25 minutes, perfectly fine.

    Nor is there a requirement that the two rest periods are only 8 and 2. The rules state at least 8 and 2, but less than 10 (10 or more and it is obviously no longer a split-sleeper).

    §395.1 Scope of rules in this part.
    (g)Sleeper berths
    (1)(D)(ii) Specific requirements. The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:

    (A) The term “equivalent of at least 10 consecutive hours off duty” means a period of
    (1) At least 8 but less than 10 consecutive hours in a sleeper berth, and
    (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.​
     
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