HOS new rules

Neither of the two qualifying breaks with one of a minimum of 2 hours (either off duty or sleeper) and the second one of which the minimum of 7 hours must be spent in the sleeper will count against the 14 hour clock.
When you start a day at 6:00 am and don't take any breaks at all your "drive time" shift will always have to end at 8:00 PM
If you take off duty break during that shift by more than 2 hours then the end of the shift is moved to 10 PM at which point you have to take another break which if added to the 1st break will result in at least 10 cumulative hours. Unless you decide to go for the full 10 hours off duty.

 

On my elog you cannot take a full 10 then take a 2 hour break to extend your 14 to 10pm in your scenario. The first break has to be only the 8 in the sleeper. Makes no sense to me but that’s how it works on my elog.

 

Keep Truckin does the same thing. When you start you shift after full 10 and then take 2 hours or more break it will still treat driving past 14 hour as violation until after you finish the 2 and break in the sleeper.
Maybe the ELDs are having hard time implementing the new rule.
I think that the best thing is to play with the examples on the FMCSA tool...make up different scenarios and see how they turn out. Then reread the rules again and keep playing with it until it registers in mind in some logical coherence somehow. I am still in the proces myself.. We should not allow ELDs to interpret the rules for us. They are there only to record time and make entries on the graph.

 

Talked to our safety dept this week also. Some of our guys are still on paper and when she runs their logs thru the log program it also kicks them out as a violation if they don’t do just the 8 hour break.

 

That's ok. Listen to her then.

 

If someone does not utilize the new sleeper berth split provision to its fullest then that's their prerogative. That's not mandatory.
Sticking to pre 9/29/2020 HOS won't hurt anything about HOS compliance.

 

Yep... Eld companies are still all over the place trying to make thus work. The problem is none of them are drivers, so they cant wrap thier heads around the extemes of the new rule. Our ELD still doesnt like the new split berth rules... But my safety and compliance guy has sent 2 examples of my logs directly to FMCSA for clarification that they are indeed legal... Even though our ELD still shows is as a violation. Both of those examples were indeed legal... @TallJoe has it figured out.

 

A 10-HOUR BREAK IS NOT AND CAN NEVER BE COUNTED AS PART OF A SPLIT SLEEPER BERTH BREAK. Multiple posters in this thread including me have made this point crystal clear, over and over, ad infinitum.

A SPLIT SLEEPER BERTH BREAK is the ONLY situation in which you can use the new rule to extend your 14.

The new rule DOES NOT extend the 14 by the amount of the first 2+ break after a 10-hour break. You seem to think it does, which I get---I thought so too when I first started looking into this subject. Turns out that nope, it doesn't.

The reason you violated the 14-hour rule from midnight to 00:45 under the new rule is because no split sleeper berth break had been completed. The 14-hour clock that you were under at midnight was thus still the one that began at 10 AM. Again, no extension occurred when you took a 3+, because your 10-hour break plus the 3+ break DID NOT COUNT AS A SPLIT SLEEPER BERTH BREAK. Without a split sleeper berth break, there is no way the new rule can be applied.

 

When you take the first break, be it short or long, the ELD doesn’t know what you’re doing so your clocks continue. When you complete the second break, whichever one you need to fulfill the requirement, then it recognizes the split sleeper. It says right in the regs that neither period count towards your 14. It’s pretty cut and dry.