HOS question-Is there a Maximum time allowed in sleeper?

Discussion in 'Trucking Industry Regulations' started by PapaTom, Sep 8, 2012.

  1. PapaTom

    PapaTom Bobtail Member

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    Here's the scenario:

    A fellow driver loaded in Sacramento, CA Friday morning. Drove to Sparks, NV and went into the sleeper for the night. He didn't have to unload in Idaho until Monday afternoon, so he spent Friday night, Saturday and Sunday in the Petro parking lot. He opted to save his nickels and not spend on a hotel room. On Monday, while on a Level II somewhere in NV, he was asked for his hotel receipt since "anything beyond a 34 hour reset must be Off Duty" (per the officer, in the drivers words). The driver ran a line across line 2, sleeper berth, for the entire time he was parked (50+ hrs) except for PTI and fuel. He said he didn't want to use Off Duty, since he was physically IN the sleeper the whole time.

    There are several other drivers on this job that are spending 2-3 days in the trucks over the weekend. Are they at risk for not staying in a hotel after one night? This sounds strange to me. I don't have any particulars on the actual violated sections. I'll try to get that info from him.
     
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  3. CAXPT

    CAXPT Road Train Member

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    Just a question, where did he go to the bathroom?

    I don't know if they have some kind of local issue, but I've always advised people to show their time as off duty rather than sleeper berth because if he went to the bathroom, and didn't show it leaving the truck from sleeper berth to off duty, they were in violation.... you have to be where you state you are, and since off duty is the safer choice, why not mark it? Was he saving his sleeper berth time for off duty time? See? It doesn't make sense to rabbit hole yourself into a particular type log, when you're off duty, you're off duty... sleeper berth is for time you're required to be in the sleeper berth for split sleeper berth logging.

    A limit for being off-duty? Not that I know of, but the sleeper berth logging is probably what sparked the officers curiousity since unless he has an on board bathroom, he was out of the sleeper and did not log it.

    Would like to see the cites, that would be interesting.
    [​IMG]
     
  4. RickG

    RickG Road Train Member

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    I don't think anyone believes he never left the sleeper to eat or use the rest room . There is no reason not to combine off duty periods with different amounts of sleeper berth . That being the case there is no requirement to get a hotel . Off duty time is exempt from FMCSR so they have no right to say or know what was done off duty with the possible exception of knowing how long before coming on duty alcohol was consumed .
     
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  5. CondoCruiser

    CondoCruiser The Legend

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    There is no maximum time. The officer was full of it or the driver has a fish tale.

    One might ask what about bathroom and eating but even that's possible and done by truckers everyday as disgusting as it is. Throw a bag of crap on his desk, lol.

    If the story is true the leo is knit picking and his superior should know about it. If he got a violation I would be curious to know what?
     
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  6. CAXPT

    CAXPT Road Train Member

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    Of course, this is the great state of California we're talking about so...who knows, maybe they passed new DOT rules without notifying the DOT they have to abide by them as well. :D
    :yes2557:
     
  7. PapaTom

    PapaTom Bobtail Member

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    I think the Fish Tale is where this will be headed. :biggrin_2556:


    I had never heard of such a thing, which is why I thought of throwing the question out there.

    I'll be seeing this driver on Monday and I'll be asking him for the actual violation.
     
  8. RickG

    RickG Road Train Member

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    While claiming to be in the sleeper is hard to believe I think they would have to actually catch him out of the truck during that time to catch him.
    I was recently given a Level 2 in Ontario . The officer wanted all supporting documents for thepast 14 days and stood outside my open door pointing to every piece of paper he saw and asking for it . If someone had a receipt showing time he claimed to be in the sleeper he'd be busted .
     
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  9. WorldofTransportation

    WorldofTransportation Heavy Load Member

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    No you aren't in violation for not getting a room.. What he is in violation for is lying on his logs... If you sit in the cab get out to go relieve yourself, take a shower , eat a meal or catch a movie on the truckstop tv and log it in the sleeper you are in violation... This trooper knows all good and well he didn't crap in a bag, pee in a bottle and eat out of a box all weekend... He has him dead to rights. Everyone can say the cop is in the wrong but use a little common sense log 10 in the sleeper 2 off duty...rinse and repeat..

    I wanted to add this because what I said sounds like I am supporting the trooper in this.. I am not but you have to think when you fill your logs out don't do things that draw attention to yourself never turn over any receipts FOR ANYTHING.. We as truckers live in a type of police state where we have a target on us for just about everything and don't need to load the gun for them.. I have only met one driver that spent more than 24 hours straight in the sleeper... Him and his wife were 7th day adventist and went in the sleeper at dusk friday and didn't come out until sundown saturday... I believe they came out to take a dump or 2...
     
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  10. CondoCruiser

    CondoCruiser The Legend

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    The whole idea is to keep the roads safe. When someone is worried about line 1 and 2 on a reset something is wrong.

    He's probably busted someone for no sheets before. :)
     
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  11. Mommas_money_maker

    Mommas_money_maker Road Train Member

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    This is a darn good piece of advice. I have let them look at my fuel receipt ONLY even though they asked for all receipts. You claim you dont keep any and if you do (like I do) I have them in an envelope (unmarked) out of plain sight. I have nothing to hide on my logs but they are up to no good when they ask for them.
     
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