Is it legal to take the shorter break first/PeopleNet question?

Discussion in 'Questions From New Drivers' started by BeHereNow97, Nov 4, 2021.

  1. BeHereNow97

    BeHereNow97 Road Train Member

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    I recently started with a new company doing PeopleNet, while my previous experience at my last OTR company was with Qualcomm.

    On Qualcomm there was a button to check off where the tablet would automatically assume you were going to do a split sleeper if you took 2 or 3 hours in off duty or in sleeper. And the HOS page would automatically update.

    PeopleNet does not do this for the shorter breaks (of either 2 or 3 hours). It will do it for the longer breaks (of 7 or 8 hours).

    Questions:

    1. Is there anyway to make PeopleNet automatically update the HOS after you take 2 or 3 hours in either off duty or sleeper birth, so you don't have to manually calculate the hours yourself?

    2. Where in the new rules specifically does it state that you can use the shorter break (of either 2 or 3 hours) FIRST and it will still count towards the split sleeper birth?

    I used the split sleeper by taking the 2 or 3 hour break first at my last OTR all the time once the new rules came out. However, I looked at the FMCSA with a few google searches and I couldn't find specifically where it says that you can use the shorter break first. Does anybody have a link to the FMCSA page where it specifically states that?

    I ask for the link because during orientation one of the guys doing orientation said that whatever is on the tablet is whatever HOS you have left. But that's not right because I should be able to take the 2 or 3 hour break first and not have the PeopleNet tablet start wrongly screaming at me that I'm in violation. So I'm looking for where it states you can take the shorter break first on the FMCSA to show my dispatcher in case he questions it like the guy in my orientation did.

    Because I know it's legal with the new 2020 HOS rules but I just can't find in the FMCSA where it specifically says the shorter breaks can count towards the split sleeper, whereas before in the old rules it had to be the longer break first.
     
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  3. ZVar

    ZVar Road Train Member

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    In 395.1

    (ii) Sleeper berth. A driver may accumulate the equivalent of at least 10 consecutive hours off-duty by taking not more than two periods of either sleeper berth time or a combination of off-duty time and sleeper berth time if:

    (A) Neither rest period is shorter than 2 consecutive hours;

    (B) One rest period is at least 7 consecutive hours in the sleeper berth;

    (C) The total of the two periods is at least 10 hours; and

    (D) Driving time in the period immediately before and after each rest period, when added together:

    1)" style="margin-left: 60px;">(1) Does not exceed 11 hours under § 395.3(a)(3); and

    2)" style="margin-left: 60px;">(2) Does not violate the 14-hour duty-period limit under § 395.3(a)(2).

    (iii) Calculation -

    (A) In general. The driving time limit and the 14-hour duty-period limit must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(i)(E) of this section.

    (B) 14-hour period. The 14-hour driving window for purposes of § 395.3(a)(2) does not include qualifying rest periods under paragraph (g)(1)(ii) of this section.
     
  4. BeHereNow97

    BeHereNow97 Road Train Member

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    Yeah that's what I saw but the thing is it doesn't specifically state that the shorter break can be used first, although it also doesn't specifically state that the longer break must be used first either.

    Anyways like I said I've used the shorter break before with my old company. I spoke with an office person at my company and it turns out as of now PeopleNet doesn't have a button to hit where it will automatically update your HOS clock on the PeopleNet tablet when you take a 2 or a 3 hour break and I'll just have to remember it manually in my head when I take the shorter break first.

    I swear PeopleNet is absolute garbage. I really took Qualcomm for granted, I never realized how superior it was to other systems like PeopleNet until I had to actually use PeopleNet lol.

    I mean really these new HOS rules have been out for over a year, why wouldn't PeopleNet put a button that drivers can check off to let it know that we want to do the split sleeper while taking the shorter break first?

    For referance this is what I'm talking about with the Qualcomm:

    [​IMG]
     
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  5. ZVar

    ZVar Road Train Member

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    It also doesn't say the longer portion has to be first. If it doesn't specify which one has to be first, the only other option is either can be.
     
  6. austinmike

    austinmike Road Train Member

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    Ive used quallcomm and peoplenet. Peoplenet is probably cheaper thats why they use it.
    Low bid strikes again -
     
  7. BeHereNow97

    BeHereNow97 Road Train Member

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    I didn't know PeopleNet was cheaper. Do you like PeopleNet over Qualcomm? I have seen several comments on this site about PeopleNet being garbage (and I agree with that sentiment). I never heard anybody complain about Qualcomm though.

    Another thing my PeopleNet does is it seems that every single morning when I wake up from my 10 hour break it says the tablet isn't acting as an ELD so I have to restart the stupid thing so it can connect to wifi or whatever it needs to do. So irratating.
     
  8. Blu_Ogre

    Blu_Ogre Road Train Member

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    Do you show the required sleeper birth time before you do the "short break"?

    You have not met the requirements for a split sleeper until you show the long length as sleeper.

    The short break will need to be done within the regular 11/14 drive shift regulations.

    Unless you log sleeper in the previous off duty/home time the computer has no way to anticipate what you are doing.

    If you take a 10 and log it as 1 hr off duty, 8 hr sleeper then 1hr off duty. The eld should be able to figure things out.
     
  9. tscottme

    tscottme Road Train Member

    I used PeopleNet for 3 years. It is very basic. I hated it. It may even show you in violation while you drive until you complete the last split-break rest period. I remember it did not have a way to show you how many hours you would gain at midnight. You had to wait until just after midnight and then look at what hours you had available. I vaguely remember PeopleNet didn't have a 8 day recap screen, like Qualcomm or Keep Truckin..My PeopleNet also required Work Flow. Maybe that was a company requirement.

    The regs don't require you to take the short rest period of a split break before or after the long rest period. You can do it either way.
     
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  10. Snow Hater

    Snow Hater Medium Load Member

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    Mine does the same but connects when I start the engine.
     
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  11. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    The shorter can definitely go first or Qualcomm would not extend your 14 by 2 hours when you only take 2.

    There's no way that's just a glitch.

    I use it. And as many times as I've done it, if it wasn't proper, logs would have called SCREAMING long ago.

    How does people net work....LOL

    Been using this QC for 4+ years and not even sure how it works.
     
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