34 hour rest questions!

The thing I was replying to was the notion that my 10 hour break in my sleeper berth could be questioned if I show a solid 10 hours on line 2. That's what was implied. I ALWAYS show line 2 even if I shower. I don't see the need for line 1 except in cases where I will be out of the truck for extended periods of time like a 34 in a hotel. So the implication, to me anyway, was that DOT is wanting you to go to line 1 when in the cab or out of the truck, even if for 5 minutes, because they are being ***holes about little technicalities and they want to start being super literal with line 2 and line 1. Thus my rest area bathroom comment.

 

I really was not referring to you in particular. This (potty break) topic has been in and out of threads here for over a year now. What I was trying to do is one lay out that there are NO rules mandating this kind of logging. Followed by the fact the DOT cops are trained to ask questions designed to trip drivers up. I will only believe this hogwash when someone actually posts an inspection with a violation of 395.8 on it. Till then it's hogwash!

 

Even if you have receipts you are NOT legally required to produce them. ANYBODY THAT WANTS TO DISPUTE this has to produce a link saying different. As I and others have stated CLEARLY shut the piehole. You have the right to stay silent. You also have the right to NOT produce any document the cop is NOT legally entitled to.

 

395.8(1) Off Duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty...

395.8(2) Sleeper. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth....

The FMCSA is saying the sleeper time itself is off duty, just in a specific place.

395.8(f)(1) Entries to be current. Drivers shall keep their records of duty status current to the time shown for the last change of duty status.

So if the sleeper is a duty status and your body is no longer in the sleeper that my friends is a change of duty status that must and shall be changed in the RODs to legally reflect such.

395.8 (C) (2) (e) (1) No driver or motor carrier may make a false report in connection with a duty status.

What this means in short, if one is logging Sleeper time but their body is in taking a shower, they are conducting a false record of duty status.

Now, with the advent of the ELD the DOT enforcement officers lost a big easy target for writing up violations. What they have left is the little low hanging fruit like someone logging sleeper for their full 10 or logging off duty for the full 10 but they are on a 3+day haul which raises suspicions falsification.

Understand too, Hours of Service fall under the FATIGUED BASIC under CSA. Violations are right up there with load securement and drug testing. It is a very big deal and I think it is bad advice to tell people to shine on Hours of Service however you like. That's like saying to people "I drove for 20 years without a seatbelt, I'm not going to start now- and show me in the book where it says....."

 

395.11 Supporting documents. (4) (g) Supporting documents at roadside. (1) Upon request during a roadside inspection, a driver MUST make available to an authorized Federal, State, or local official for the official's review ANY supporting documents in the driver's possession.

I think you are confusing legally required to produce them with 'in possession'.

 

Could possibly be 36 I would have to check the HOS in Canada . The reason for documenting your start and finish of reset for that particular company was they wanted you under a loaded trailer or ready to roll with an Empty to get loaded .