7 Points for not switching to SB after Off Duty

You have never had a Level 2 or above inspection? How can you give advice on this subject? Not trying to be rude here, just realistic. No one can force you to run after 8 hours in the sleeper and you had an hour or two of available time to legally drive. Even if they did you just say "I am not fully rested yet..." boom end of conversation. If they push it you just call your attorney and you can sue for $1million easy-- it falls under coerced blah stuff someone has more details.

When they inspect you and put down any violation on a CSA Driver Vehicle Inspection type form, there is no going to court deal. There is only DataQ challenge which, the system is designed for you to return the violation form back to the original officer who wrote the violation and inform him/her that they made a mistake in writing up the violation. That is not going to get very far.....

Now, if they write it up as a "Warning" there isn't even the DataQ option at all, and still no going to court.

 

Really, is this a serious question? Did you not read the regulation which stipulates, ".....all time spent RESTING in the Sleeper....."? Would you qualify repairing a dome light as resting or working?

 

It’s a joke jack wagon.
Who pissed in your Cheerios?

 

I usually log off duty; then when I certify my logs the next morning edit my time I spent in the sleeper to sleeper.

 

Thank you for your response. I am curious about this process. Are you saying that the officer can write a ticket for 7 points on your license and I’m assuming a fine... and you can’t challenge it in court? Does the warning go in your DAQ as a negative report?

 

A traditional ticket with or without a monetary fine can be challenged in court.

Under the CSA 2010 program, law enforcement has a new tool called Driver/Vehicle Inspection Reports or something titled similar. These reports are filed with FMCSA or somewhere similar in a federal clearing-house to track carriers and drivers.

Violations on these reports are not challengable in court. There is a process to challenge them called dataQ and the way it works is you have to send the violation report right straight back to the original officer who wrote you up for the violation to inform him/her that they were wrong in writing you up. You see how the system is rigged now.

"Warnings" of violations on the inspection form cannot be challenged and cannot be dataQ'd either. But they still carry the full weight of the violation points-wise.

I agree that off duty and sleeper accomplish the same thing as far as satisfying the 10 hour rest break and I agree the regs are ridiculous to require a driver to properly, truly, correctly and currently document their time as it pertains to their presence in or out of the Sleeper for their time off, but since it is in the green book of code of federal regulations, you, I or anyone else must abide by the regs until they are changed. People running around saying they violate the regs for years and years so they must not matter are not helping the system.

It is like a bunch of drivers exceeding the speed limit because they don't agree with it. Rather than break the law, get the law changed!

 

A break used to be a break now you must show 8 in bunk. You are no longer a human being but a robot to be programmed. The very idea that anyone has to be put through such scrutinization is a farce. What other occupation is there that is harassed on top of doing a great job? Treated like a criminal while real criminals are left alone? Fighting crime is dangerous harassing a Trucker seems to be a hobby or source of entertainment for some of the D.O.T. They need to get real and cut the BS

 

You can still be legal with showing 10 off duty.. officer doesn’t need to know where you were...just saying...

 

There is no requirement to show 8 hours in the Sleeper to qualify a proper legal 10 hour break. The 10 hour break may be all Off Duty, all Sleeper or any combination thereof.

Team drivers who are not driving are required to show 8 hours in the Sleeper though.

Drivers who want to take advantage of the Split Sleeper Provision must show 8 hours in the Sleeper to qualify.

I think a lot of driver mix and match all these things in their head.

 

Oh, yeah. I pitched a tent on top of the trailer and slept there for fun. Threw the tent away after. That's the truth officer.

That actually sounds like fun.