Change of Duty Status

I am a real rebel. I know it is technically illegal to log sleeper berth as Off Duty but I do it all the time. Simple reason is because my ELD shuts off about 45 minutes after truck stops. If I wake up to go in to the bathroom it takes a few more minutes to turn on ELD to make the switch, cutting into my precious sleep time. Personally I think logs could be made much simpler. Simply have On Duty and Off Duty with 14 hours a day allowed whether driving or not. Simple on/off duty and that is that. My opinion only but I would like it.

 

Question 25: May sleeper berth time and off-duty periods be combined to meet the 8-hour off-duty requirement?

Guidance:

Yes, as long as the 8-hour period is consecutive and not broken by on-duty or driving activities. This does not apply to drivers at natural gas or oil well locations who may separate the periods.

 

Question 26: May a driver record sleeper berth time as off-duty time on line one of the record of duty status?

Guidance:

No. The driver’s record of duty status must accurately reflect the driver’s activities.

 

Seems to me you are illegal no matter what you do.

 

First that's outdated for property carrying, which is why I specified only give regs not outdated guidance.
It is accurate for passenger carrying hos I belive.

Second it proves you are wrong in stating one has to be on sb for 8 hours straight.

 

Without a change in RODS. and that was from YOUR source now you want to change your mind.
To be clear I'm saying 8 hours off duty SB consecutive without a RODS change and thats what is in ? here. A change in RODS is ON DUTY.

 

You are confusing. You stated one has to have a continues sb of 8 hours. You were shown and even posted yourself where that statement is incorrect.

Also, the whole thread is about while it may (or may not) be technically on duty work, the guidance (which we have also shown can be wrong) state fmcsa doesn't care about short things that don't interrupt resting.

As for the 8, well no. That guidance has no basis in reality in reguards to property carrying hos. It's simply wrong.

 

Choices.

Go right to sleeper, even if your not actually doing that.
Go to off duty and stay on that line, but don’t log sleeper, even when you do.
Go off duty, then to sleeper when you do.

If LEO/DOT or other so desire, you could be cited for a violation no matter what.