Driving over your 14 after a breakdown.

I think the intention of this was for when you are in the sleeper and then go into the truckstop to use the restroom or eat.

 

Look, if you cannot stay where you are [ for a good reason ], you have to move. Plain and simple. Go where you can park and be safe, note it and forget about it.

 

Ya, I won't deny that that I rarely spent the full straight 8 hours in the sleeper when doing a split so it's nice to be able to mix it up some, but man the regs need to be a bit clearer if that was really their intention.

Anyway, back to the OP. If you have to move you have to move. To be honest, I have yet to hear of anyone that was over their 11/14 and was driving and in an accident but was doing so because they were forced to for either reasons of safety or because the customer wanted them to even being in an accident much less being sued. Not saying it hasn't happened, but I wouldn't worry about it. As long as you annotate the reason for the violation you are as covered as you can be.

 

One of the reasons we have so much trouble with the DOT.

 

The interpretation posted is in reference to the portion of 395.1 that applies to passenger carrying drivers, not property carrying drivers.

Note that the guidance referred to an "8-hour off-duty requirement" that is only part of the passenger carrying HOS. In the property carrying HOS regs, the 8-hour sleeper berth provision is part of the 10 hour off duty requirement.

 

The interpretation was from the 395.1.

However, it can be read as making the 8 hour sleeper as well.

Who knows.

I always heard it had to be listed correctly in the sleeper. I think the DDL will not recognize it either.

 

395.1 has the requirements for both passenger and property HOS in it. When you go in and read 395.1 it becomes plain as day which one the interpretation is referring to.

On a side note, they really should list what sub-part of the regulation the interpretation refers to.

 

I agree. But, it is an argument that seems to be used.

I will try it on DDL test to see what it does.

 

personally id get a licensed driver from shop to drive it to truckstop if they forced me to move

 

When put in context with the preceding interpretations I'm thinking that only applies to those working within the 100 air mile radius.