Can you EXTEND driving time by going off duty?
Discussion in 'Questions From New Drivers' started by Zephirus, Jun 6, 2009.
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psanderson said: ↑RickG said: ↑BUT THEY WON'T LET ME SPLIT LOG !!!
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I may be incorrect here because it's been a few years since my retirement from government service (I retired before the latest version of the rule) and correct me if I'm wrong, but memory serve when you use the new split rest rule, the 2-hour period counts toward your 14-hour time per 395.1(g)(A)(D)(A)(2)(C) because calculation of the 14-hour limit only excludes the 8-hours (but less that 10) in the sleeper as I have highlighted below. This is why companies don't want drivers using the split rule because at least part of the rest period would be considered as duty time toward the 14-hour rule.
(g) Sleeper berths--(1) Property-carrying commercial motor vehicle-- (i) In General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in Sec. Sec. 395.2 and 393.76 of this subchapter, (A) Must, before driving, accumulate (1) At least 10 consecutive hours off duty; (2) At least 10 consecutive hours of sleeper-berth time; (3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or (4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section; (B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and (C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and (D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours. (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. (B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section. (C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.Click to expand...
I take exception to the reason you give for split breaking to be unfavored, and offer the following example. Let's say I need to depart earlier on the 2nd day of the week because of a difference in loading order, and I don't have enough time to take 10 hours down before departure. I stay in the sleeper and log 8 hours there and don't sleep in my own home that day. I drive out, 4 to 5 and a quarter hours,take 2 hours off duty or in the sleeper, which we normally do anyway, load and then return, everything works within the rules. I don't get paid for anything but mileage and applying tarps, anyway. I am not being paid for it so no one cares if part of the 14 hour clock gets written off duty.
As long as I log it as it happened within the rules, I have not broken any laws including falsifying my log, which is what is being done when logs are rewritten to remove a split break and replace it with a 10 hour break.
In my case, I get to make it up, usually the next day because I will have 11 or 12 hours after returning before the next departure, nothing wrong with that, definitely nothing illegal. People have a hard time understanding split breaks, but that does not make it illegal to do it. It does throw a little more flexibility into the situation, even though you have to jump through a few hoops to do it. No one has questioned it, but you can't do it without a sleeper equipped truck, as the 8 hours has to be in the sleeper.
Proper planning, considering logistics involved, would make the situation above unnecessary, but that isn't likely to happen until the driver/ dispatcher running my fleet gets re educated or canned.
Thank you for addressing the issue, many of us have learned much of use from your posts.Click to expand... -
bigcountry30 said: ↑Not sure what you are trying to accomplish, but as I stated before I was stating rhyme and reason for lv_gn who had asked to better understand split logging. You have now turned it into YOUR specific situation which helps him in no way at all. I was not speaking to your specific situation i was speaking as a general rule of thumb but obviously everyone interprets it their own way. My point when i said " i would have to question who i was working for" was meant as, if they ( the people in charge of logging that would give you a violation for legally logging split sleeper ) then i would question whether that person or persons should have the position they do or maybe they need to be trained fully on the actual DOT regulations to fully understand that what you did was not a violation. I guess i'll have to start spelling out my statements in a full paragraph explanation from now on.Click to expand...
You can ignore company rules if you want and care less as long as you're legal . I doubt you get much benefit from that . -
bigcountry30 said: ↑Unless you used up you entire 11 hr drivetime or 14 hour on duty time prior to your 8 hr break then you would be required to take a full 10 hr break.
If you do the 8 then 2 after the 2 hour break your 14 hour clock is reset but you only have drive time of 11 hours minus however long you drive time was between the 8 and 2 hour breaks. Example if you took 8 hours in the sleeper drove 1 hour to customer took another 2 hour in sleeper or off duty then came back on duty to drive you would only have 10 hours drivetime left. Hopefully i didn't confuse you. By the way learning this can give you a lot more flexibilty on how you are able to run loads and may save you from being late to an appt. I know it has me several times.Click to expand... -
RickG said: ↑This is a poor explanation because it totally disregards on duty time . If more than 3 hours were used on duty before the break , or will be needed after the break , for pretrip , fueling , etc . He will not have a full 11 hours driving time available in the 14 .Click to expand...
I was giving ONE example not every possible ########## example out there. I'm done with this posts. Again this is not about you or your company it was about HELPING someone else understand split logging better but your to much much of a ####### ######## to figure that out.It has to be about you. -
bigcountry30 said: ↑This is my point maybe you should READ THE POST. Here is what I said, If you do the 8 then 2 after the 2 hour break your 14 hour clock is reset but you only have drive time of 11 hours minus however long you drive time was between the 8 and 2 hour breaks. Example if you took 8 hours in the sleeper drove 1 hour to customer took another 2 hour in sleeper or off duty then came back on duty to drive you would only have 10 hours drivetime left. YOU decided to add more to the scenario than I posted.
I was giving ONE example not every possible ########## example out there. I'm done with this posts. Again this is not about you or your company it was about HELPING someone else understand split logging better but your to much much of a ####### ######## to figure that out.It has to be about you.Click to expand... -
Can i make it from Nashville TN to Portland TN then drive to Fayetteville NC in my 14 hours?
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Way to dig up a 9 year old thread to ask something easily figured out on your GPS.
Nobody can answer that question but you anyway. We don't know how fast your truck will run. Have no idea how you drive. And no idea what may slow you down. Such as getting inspected because you're possibly driving for a crap company.
If driving from center of one town to the next, that route is just over 600 miles. Throw in a bunch of city driving and if you're in a 65 mph truck, you won't make it. -
Zephirus said: ↑I am confused with something about logging.
Lets say I get started at 6 AM. I know that I have 11 hours of driving and 14 hours of work. I understand basic logging. So that would mean that I would have till 8 PM to get in my 11 hours of driving if I choose to.
Lets say it takes me 5 hours to get loaded, strapped, and tarped (I am a flatbedder). This will eat into my driving time. So.... is there a way to "freeze" your hour count by going offduty for the loading time (at least some of it).
Same scenario, I start at 6AM. I pull up to a place to get loaded and it takes 5 hours to get everything on the truck, strapped, and tarped. Can I go to "off duty" for some of that time to extend my driving time past 8PM? If I had an example of a logbook online to show you I would. Hopefully someone understands what I am talking about.
Basicially if it takes me a long time to load, can I do anything to "freeze" the clock so I can still get in my 11 hours of driving no matter if it took me 1 hour or 6 hours to get loaded.
I just didn't know if going to off duty froze the clock or not.Click to expand... -
mattymatt said: ↑There is something called the split sleeper birth provision but many companies don't allow it. Basically, you can recapture some of your time by being in sleeper.Click to expand...
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