34 hour reset logging question.

Legally you have to switch between states. If you are resting in a sleeper, then legally you must log that.
As for the actual time to switch on the elig, fmcsa has stated that very short time working doesn't interrupt your break.

 

Once your off duty for your 34 hours its none of anyone's business past that,

 

What if it takes you longer than a very short time ? This is what nobody likes about the rules. Many of them are left for interpretation to the officers.

 

You are both right and wrong.

Technically all time spent in the sleeper berth must be logged as such

BUT

395.2 definitions / on duty / 4 (i) says you can log off duty in a parked cmv.

This change in 2012 (?) was intended for daycabs, but aplies universally.
The question is - does implied repeal count here or not?

There is case law supporting every which way you want to look at it. I can't wait for the court cases that will result from the split logging and 30 minute break change. FMCSA rules just keep getting deeper and deeper into a quagmire of their own making.

 

Here are the definitions that make it clear. On duty time actually states except in a sleeper berth.... I cut out the irrelevant parts. Electronic Code of Federal Regulations (eCFR)
On-duty time means ...
(4) All time in or on a commercial motor vehicle, other than:
(ii) Time spent resting in a sleeper berth; or

 

So if im sitting in a truckstop in my drivers seat eating ice cream and watching tv on my tablet . Im supposed to be onduty ?

 

Like BoJo, "I rest entirely on part (i)", and ignore all the other parts that contradict what I desire.

 

If the engine is running, you need to he on the drive line - technically. Now if you were sitting in the passanger seat, that should be logged as on duty, depending on which part of definitions, regulations, and interpretations you are looking at. If we keep going th8s way, it will also depend on which phase the moon is in.

 

I put the link to the whole text, but since you want to argue and not look at the text I'm done. It's pointless to argue with the willfully ignorant.

 

There's more text that addresses that, I was just addressing the sleeper berth portion. It's in the definition of on duty and would fall under section (4)(i) as
"(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;"