Help... logging sleeper berth and off-duty
Discussion in 'Trucking Industry Regulations' started by CaptainJJay, Jan 8, 2014.
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Yes you can. You can do 2hr off duty and 8 hr sleeper
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It's going to limit the driving availible for that day whatever it is left.
On order to get a new 14 hour working day fresh you need 10 hours.
Sleeper Berth §395.1(g)
The federal hours-of-service regulations say that upon reaching either the driving or on–duty limits, a commercial motor vehicle (CMV) driver is required to be off duty for at least 8 consecutive hours (for passenger-carrying CMVs) or 10 consecutive hours (for property-carrying CMVs) before he/she can resume driving. Though this off-duty requirement is rigid, those who have access to a sleeper berth have other options.
Instead of going “off duty,” drivers using CMVs equipped with sleeper berths can get their required rest by:
- Entering the sleeper for 8-10 consecutive hours (EXAMPLE 1);
- Obtaining 8-10 consecutive hours of rest using a combination of off-duty and sleeper-berth time (EXAMPLE 2); or
- Obtaining the “equivalent” of 8-10 hours of rest in two separate, non-consecutive breaks (EXAMPLE 3).
Though perhaps the most confusing of all hours-of-service rules, option #3 (also known as the “split sleeper” option) can be especially valuable for a team of drivers on a long haul, or when flexibility is required. By using this option, a driver and co–driver team can keep their rig rolling right up to the time they reach their 60- or 70-hours-of-service limit.
To use the split-sleeper option, drivers must understand the strict rules, which differ depending on whether the operation involves passengers or property. The remainder of this document will focus on the use of the split-sleeper option.
Be aware that to use any of the above options, the driver must use a qualifying sleeper berth. A “qualifying” or “regulation” sleeper berth is a sleeper berth that complies with 49 CFR §393.76, Sleeper Berths. You can only record sleeper-berth time on a log grid (Line 2) if the sleeper complies with that regulation.
Property-Carrying CMVs
Drivers of property-carrying CMVs have fewer options for using the sleeper berth than they did prior to 2005. Before October of that year, drivers could use a “5 on, 5 off” or similar pattern to break up their driving and off-duty time, or they could take a 2-hour nap that could “extend” their 14-hour day. Today, the rules are much more strict, which has caused many drivers to avoid the split-sleeper option altogether.
To use option #3 and accumulate the “equivalent” of 10 consecutive hours off duty using a sleeper berth:
- The driver must get at least 10 hours of rest in only 2 chunks of time;
- One of the 2 rest breaks must be at least 8 (but less than 10) consecutive hours in a sleeper berth;
- The other break must be at least 2 (but less than 10) consecutive hours either in a sleeper berth, off duty, or any combination of the two;
- When calculating the 14-hour limit, the driver can exclude any sleeper-berth period of at least 8 consecutive hours, but must include all other sleeper-berth periods, all on-duty time, and all off-duty time of less than 10 hours; and
- After the second of the two qualifying rest breaks, the 11-hour and 14-hour limits are calculated (starting at zero (0)) from the end of the first of the two breaks.
After June 30, 2013, a driver will only be able to continue driving if 8 or fewer hours have passed since the driver's last last off-duty or sleeper-berth break of at least 30 minutes.
Before we look at some examples, note that, for a driver using this option:
- The driver will NOT have a full allowance of driving and on-duty time (11 and 14 hours, respectively) available after taking the two breaks. Rather, the driver must subtract the time spent since the first of the two breaks (and must also subtract the second break itself if it’s a sleeper-berth period of less than 8 hours).
- The two rest breaks can be taken in any order.
- Any 8-hour sleeper-berth period can be excluded from the 14-hour calculation, even if the driver does not obtain another 2-hour break. In other words, any 8-hour sleeper-berth period can be used to “extend” the driver’s 14-hour day.
- The driving time before and after each qualifying break, when added together, can never exceed 11 hours.
- The driver is not limited to using the option just once. He/she can continue “splitting” the 10-hour break as long as needed (or until hitting the 60- or 70-hour on-duty limit).
- To have available a full 11 hours of driving time and 14 hours of on-duty time, the driver must obtain 10 consecutive hours of rest.
In this example, the driver started out on Day 1 by driving for 5 hours and then entering the sleeper berth for 8 hours. Because this 8-hour sleeper-berth period is excluded from the 14-hour calculation, he/she could continue driving until reaching the 11-hour limit at 7:00 p.m. on Day 1. In order to do more driving, the driver has a choice to make:
- He/she can go off duty and/or in the sleeper berth for 10 consecutive hours. This would provide a full 11 available hours of driving time within a 14-hour period.
- Because he/she already had an 8-hour sleeper-berth period, the driver can choose to go off duty and/or in the sleeper berth for just 2 hours. This would allow the driver to return to driving sooner, but would limit the number of hours the driver has available.
The driver must calculate compliance from the end of the first qualifying break, or 1:00 p.m. on Day 1. Under the 11-hour rule, he/she drove for 6 hours, so there are 5 hours remaining as of 9:00 p.m. Under the 14-hour rule, he/she was on duty for 6 hours and went off duty for 2 hours, so there are 6 hours remaining as of 9:00 p.m.
The driver drove for another 5 hours (hitting the 11-hour limit) and then entered the sleeper berth for another 9 hours, giving him/her another pair of qualifying breaks (2 hours + 9 hours). How much driving time is available at 11:00 a.m. on Day 2?
The driver must calculate compliance from the end of the first of the latest two qualifying breaks, or 9:00 p.m. on Day 1. After that point, the driver spent 5 hours driving, and therefore has 6 hours driving time available (11-5=6) within a 9-hour window (14-5=9).
After driving another 6 hours, the driver chose to go off duty for 7 hours to end Day 2. At midnight on Day 2, the driver is at the 13th on-duty hour (6 hours driving + 7 hours off), so he/she could drive for 1 more hour or, to obtain a full allowance of driving time, remain off duty another 3 hours, for a total of 10 consecutive hours off duty. - Entering the sleeper for 8-10 consecutive hours (EXAMPLE 1);
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WTF are you smoking? Legally, as long as you don't drop to line 3 or 4, you can change duty status between lines 1 and 2 as many times as you want to as long as you have either 10 consecutive hours spent on lines 1 and 2. If you happen to drop to line 3 or 4 at some point during your break, you'll need a 2 hour block on line 1 and 2 AND an unbroken 8 hour block on line 2. Hell, you could change your duty status between lines 1 and 2 every 15 minutes for 10 hours and it'd be a legal 10 hour break...as long as you STAY on lines 1 and 2.
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A driver can get a 10 hour break by doing 15 minutes off duty then 15 minutes sleeper and alternating back and forth every 15 minutes all night for 10 hours and has satisfied the 10 hour break requirement.
I see a lot of people talking about 10 hours in the Sleeper to make it legal, that is simply not true.
The only thing that is required is that if you are *in* the Sleeper you must log Sleeper and when you get out of the Sleeper you must log Off Duty (if on a 10).x1Heavy Thanks this. -
Awright fine, so I took a position.
Every 15 minutes offduty/sleeper berth.. I should have done that at least once to rile safety in my time... lol I have no imagination.Mattflat362 and tucker Thank this. -
With ELD you could alternate it every 5 minutes (5 minutes is the minimum to lock in a duty status change)x1Heavy Thanks this.
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Go to sleep it's past your bed time, LOL.
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305.1)g)(ii)(C)
(C) Calculation of the 14-hour period in § 395.3(a)(2) includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours ...
Going in the bunk for at least 8 hours (but less than 10) TEMPORARILY stops the 14 hr clock.
Listen to your safety man.
When you come out of the bunk the clock starts ticking again and you whatever is left of your 14.Inspector and driverdriver Thank this.
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