Can anyone clarify the calculations for example Oilfield/split break?

This is coming from FMCSA examples at http://www.fmcsa.dot.gov/documents/hos/logbook.pdf, specifically Example 27.



There is a split break in there. The example states no violations.

Q 1: Doesn't the start of the 14-hour rule calculation move to the end of the first break?

Q 2: The accompanying text states that "the driver has only 12.5 of his or her 14 allowable hours at 4:00 a.m. on Day 2" - this means the driver has used 12.5 of the 14? How so if the 'starting calculation point' is at the end of the first break?

Q 3: Let's look at the point in time on Day two at say, 01:30. At this point while driving the driver is in violation of the 14 hour window as

• the driver has not (yet) had the second break as part of the split sleeper berth.
• (g)(2)(iii)(A) states "[the 14 hour calculation excludes] any [sleeper] of at least 2 hours which, when added to a subsequent [sleeper] totals at least 10 hours"
• (g)(2)(iii)(B) states "[the 14 hour calculation ... ] includes any any period not described in paragraph (g)(2)(iii)(A)"

So by that reasoning with this example the driver is in violation of the 14 for an hour from Day two @ 03:00 and that violation remains until, lo and behold, the 6 hour sleeper berth has elapsed and the violation is gone due to (g)(2)(iii)(A) kicking in.

This flip-flop can't be right?

I'm having trouble just following the logic through. Any help on this use of 'line 5' with sleeper breaks would be greatly appreciated.

 

Thanks for the reply. I understand that this is not legal for a normal otr driver. The split breaks shown here were not the correct number of hours to qualify as split breaks. An Oilfield worker however can (as far as I can tell) use a different number of hours to make split breaks. This is due to 395.1(g)(2)(i).

By 'Line 5' I mean the extra HoS status for an oilfield worker to indicate "Off Duty Waiting at well site". This sample doesn't explicitly show it, but that's o.k. as this is allowed - OffDuty with appropriate remarks is considered the same thing (see Day one at 23:30).

So I'm just trying to understand the rules around how the starting calculation points 'move' or advance for split breaks under oilfield HoS.