Explain like I'm five the 10 hour break rule in the sleeper?

So using that same logic why log a potty break then?
The short time exemption i mean

 

Never said anything about what should or should not be done. Only what the law states.

If we want to get in to what I did, well....
On my 10's I would typically log 1-2 hours off duty while I showered, ate, relaxed in the drivers lounge, etc. When I went back to the truck I would go to sleeper and stay there until I started moving in the morning. If I have to potty in the night, yes I would not follow the law and continue logging sleeper. Get up in the morning and log on duty (as I typically ate breakfast in the sleeper), did my pretrip and started my work day.

As for what I recommend to people.. Well, just don't piss off a cop and you will be fine. But if you piss off a cop, and have a habit of lugging 10 as off duty or 10 as sleeper they will find a way to write a ticket for log falsification.

Again, the argument is about the law, not what common sense should dictate. Common sense has no place when talking about laws as laws contain no common sense.

As to your question I don't think I addressed it...
I would have to say a potty break is not a small amount of time. It's likely long enough to be recorder, so that's why it's not specified... A small amount is only a couple minutes. For me it was usually around 15 minutes to walk in, do my business, and walk back...

 

As a trucker you are either on duty or off duty. These is further broken down to On duty not driving and on duty driving. The you have off duty and off duty in sleeper berth. This logs current to last change of duty status does NOT mean and it never has meant that you must delineate between line 1 or 2. The rules says you can mix them. It does NOT however require changing log book status. This current status means you can't be driving while on line 1,2 or 4 because you forgot to draw a line. DOT cops have and do write form and manner logbook tickets for this all the time. I even got one on Oklahoma once. I did not draw my line up to 3 before I drove off. To sum this up. This current status means WHILE driving you must have that last status change logged. It does NOT mean you can't get up and go potty at 3 AM without having to draw a line in a logbook. And I will STAND on this until I see CLEAR guidance from the FMCSA that says otherwise.

 

I know what I said early about not engaging, but I cannot pass this up....
To parrot a member in this forum. Where in the LAW does it state this?

 

No, you don't get to do this. I am still waiting on a link to a law that says it is illegal. You can not prove a negative and it is pointless to try. It is YOU that is attempting to say an activity is unlawful. However in a way you also just proved my point. There is no FMCSA guidance on this, So just as I can't link to anything that says it is legal YOU can't link to any specific language that says it is illegal.

 

I am going to make this last point then let this go until I get an answer from the FMCSA to my question. I am ready to say the FMCSA implies they want you in the sleeper when that log says sleeper and visa versa with line 1. However implied does not mean it is regulatory. I got into this on another subject. The FMCSA just like the IRS and other federal agencies promulgate pure 100% gobbledygook sometimes and call it rules and regulations. A lot of these rules are implied. Where people have to be careful is not to mix these two things up. Implied does not necessarily mean regulatory, and this is the genesis of court cases after court cases and why Judges and courts are issuing legal opinions all the time.

 

The law has been proven, you refuse to believe it says what it says.
And I'm not asking to prove a negative. I'm asking where in the law does it state you only have to have your duty status current while driving.

 

(sigh)

 

So that means you cannot show in the law where it states only have to be current while driving? You have to be wondering what else you have wrong if you can't even prove that....