HOS questions...

Discussion in 'Questions From New Drivers' started by yankeefan, Aug 2, 2014.

  1. FatDaddy

    FatDaddy Road Train Member

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    Yeah I've been looking but can't find it. Even found examples on the fmsca site that shows logging 10 off duty is legal. I mean how can they prove you actually spent your 10 in the sleeper instead of a hotel or a family member's house. Or you have side action in every town in the US. :biggrin_25523:
     
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  2. UTurn1

    UTurn1 Heavy Load Member

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    Lets see if I can get this right. 395.3 (a)(2) (g)(1)(ii)(A). At least 8 but less than 10 consecutive hours in a sleeper berth.
     
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  3. Snailexpress

    Snailexpress Road Train Member

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    Well, my explanation about OFF DUTY and SLEEPER BERTH.
    OFF DUTY means the driver not performing anything related with his job (driving, loading/unloading, fueling, maintenance etc. Nothing!!!! No any words in regulation where or how driver should utilize OFF DUTY time. Driver can sleep in sleeper or motel or under trailer or in brothel. Or not to sleep at all. After you logged OFF DUTY at point A you should log ON DUTY at same point. If you logged not in the same loacation the DOT will write you a ticket. This is for solo driver.
    Team drivers while taking 10 hours rest have moved from point A to point A+ miles. They use SLEEPER BERTH as explanation to DOT why OFF and ON not in same location. Driver was in the truck sleeper while truck was moving.
    BTW DOT officer badge not makes anyone smarter.
     
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  4. TomOfTx

    TomOfTx Road Train Member

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    §395.2: Definitions. Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter; [(hazardous materials-attendance and surveillance of motor vehicles) may be logged as Off Duty.]

    Yes, you could log an entire 10 hour (or more) break as Off Duty, because as described above, time spent in a parked vehicle can be logged Off Duty. Because this was added to what defines Off Duty as revised on February 13, 2012, logging this time as Off Duty as opposed to Sleeper Berth and/or a combination of both, will give no reason for a law enforcement to question your exact whereabouts. All you need to say is you were resting in a parked CMV. End of story.

    http://www.fmcsa.dot.gov/regulations/title49/section/395.2

    http://www.fmcsa.dot.gov/faq/what-other-changes-are-there-hours-service-rule
     
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  5. Scoots

    Scoots Light Load Member

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    1. See answers 2 through 6.
    2. Depends on how much of your 14 you have left. You have to take a 30 minute break per 8 hours on duty which includes drive time, time spent fueling, drop and hook... anything involving job related functions... getting loaded/unloaded doesn't require you to be on duty unless you are responsible for that. Time spent waiting at the dock is off duty.
    3. You can be on duty (which obviously includes driving) for a max of 70 hours in 8 days, on day 9 you get back the hours spent on day 1, on day 10 you would reclaim hours from day 2, etc.
    4. No. After 34 consecutive hours off which need to include two periods between 1 and 5 a.m. your 70 hour clock resets REGARDLESS of hours on duty/driven.The answer to this depends how hard you run. You can only take one reset per week.
    5. Off duty is any time you are not at the controls of the truck, not performing any job related function, and not in the sleeper birth... sleeping at a hotel, eating lunch at a restauarant, or taking a shower at the truck stop to instance. All time spent i n the SB needs to be logged SB even though its off duty, similar to how you must log drive time (an on duty activity) separate from on duty.
    6. The DOT will check for hotel receipts if you claim off duty outside the sleeper berth and you aren't home for the weekend which could set you up for a log violation.
     
    Last edited: Aug 3, 2014
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  6. turnanburn

    turnanburn Medium Load Member

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  7. FatDaddy

    FatDaddy Road Train Member

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    I believe that applies to the 8/2 split
     
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  8. FatDaddy

    FatDaddy Road Train Member

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    i have several place along the routes I run where I can and have spent the night with family and friends. Are you saying that's a violation? I don't have a receipt and I can't log sleeper
     
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  9. yankeefan

    yankeefan Light Load Member

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    Scoots 3. You can be on duty (which obviously includes driving) for a max of 70 hours in 8 days, on day 9 you get back the hours spent on day 1, on day 10 you would reclaim hours from day 2, etc.

    Thank you for the reply. Could you give an example for this. Don't understand it.
     
  10. FatDaddy

    FatDaddy Road Train Member

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    Day 1. - on duty 10 (60 left)
    day 2 - on duty 9 (51 left)
    day 3 - on duty 11 (40 left)
    day 4 - on duty 10 (30 left)
    day 5 - on duty 10 (20 left)
    day 6 - on duty 10 (10 left)
    day 7 - on duty 10 (0 left)
    day 8 - no hours. Off

    now you gain back hours from the top

    day 9 - 10 hours available from day 1 on duty 9 (1 left)

    day 10- 1 hour from day 9 plus 9 hours from day 2 = 10 hours total

    and so on