Link to split break explanations

Discussion in 'Trucking Industry Regulations' started by Army91W, Apr 24, 2022.

  1. Army91W

    Army91W Heavy Load Member

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    On 4/20 I started my 14 at 2000.
    At 0000 on 4/21 I went into sleeper birth.
    0600 I woke up and finished off my trip. I delivered and then took my break till 4/22.

    Today 4/24 I got a Level 3 inspection and according to the Colorado DOT log software I violated my 14 on 4/20-4/21.

    I run ELD and it says/said I was legal.
    I’m trying to figure out when my 14 really ended. I’m going in circles on the FMCSA website.

    Does anyone have a link to a good explanation on the 14 hour clock ending when utilizing a split break? Had I waited another hour of course I would of had a seven hour break but there is no rule that says you which break to take first 8/2 2/8 7/3 3/7 etc.

    Thanks in advance.
     
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  3. ZVar

    ZVar Road Train Member

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    A 7 hour sleeper berth is required, not a 34 reset, not a 10 off duty, not anything but at least 7 hour sleeper. As to when the 14 hour violation happened, we would need all the logs for 4/21(and maybe 4/22 depending)
    Here is the link and text of the regulation, Note what I highlight in red.
    https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395

    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) Does not exceed 11 hours under § 395.3(a)(3); and
    (2) Does not violate the 14-hour duty-period limit under § 395.3(a)(2).
     
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  4. Six9GS

    Six9GS Road Train Member

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    Some info missing, so can't be certain. But, 6 hours in SB will only count as 1 part of the break and since it was not at least 7 hours continuous SB, the 2nd part of that split has to be at least 7 hours, continuous, in SB. Doesn't matter if you do a full 10, or 34, or take a month off. Before you go back on duty, in any capacity, you have to have that 7 hours of continuous SB or you get the violation.
    From what you describe, it sounds like that's the problem. But, can't be certain as some details are missing. You said you delivered and took a break until 4/22, but you didn't say whether or not that break had your 7 hour SB part.
     
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  5. Army91W

    Army91W Heavy Load Member

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    I was off duty all day 4/20 till my Pretrip at 2000. That started my 14. Because I took a 6 hour sleeper essentially I took the 3 in the 3/7 7/3 split break.

    I did not violate my 11 drive my or 70 clock.
    When I went off duty I took a 12 hour sleeper. I satisfied the 7/3 3/7. I violated my 14 before my second sleeper break.
    I just want the wording on how to calculate when my 14 was over.
     
  6. Army91W

    Army91W Heavy Load Member

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    I responded the post above yours. I agree I didn’t not take a seven hour sleeper. Even though I slept for 6 hours essentially I took the 3 in 3/7 7/3 split break. When I went off duty at the end of my day I took a 12 hour sleeper so I satisfied both the 3 and the 7 but my 14 expired before I took 7.


    On duty at 2000
    Paused or extended my 14 by taking a three break. When does the 14 expire.
     
  7. ZVar

    ZVar Road Train Member

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    Sounds like the officer was wrong then. If you got a citation you can fight it. If it was just an inspection violation you can still fight it, but unlikely to win as it goes back to the same office that issued it.
     
  8. ZVar

    ZVar Road Train Member

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    Actually you never said when you started the 12hr sleeper. That could matter as to the violation.
    Thats why I asked for the full days logs to see. There has been several times people simply got the math wrong.
     
  9. Army91W

    Army91W Heavy Load Member

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    You are right I didn’t say when DOT said my 14 expired and when my ELD said it expired.
    I run reefer and I constantly use the split breaks. I can calculate how much drive time I’ll get after my spilt but I’ve always relied on the ELD for the 14 because it’s really confusing.
    On 4/21 I had three FCFS drops. My next load didn’t pick up till 1800 on 4/22. I had no reason to violate HOS.

    DOT was a nice guy.
    His software said I was in violation of my 14, my ELD said I was legal.
    It’s important to me because what if I got into an accident and hurt someone. Go to prison because I thought I was legal and absolutely not in a rush. I don’t want to be that guy.
    DOT said 1200 or 1300 was then end of my 14, I don’t remember. My ELD said 1600.
     
  10. ZVar

    ZVar Road Train Member

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    Ok, math time..
    Start at 20:00 so normally the 14 will be over at 10:00 next morning. Because you paused the clock for 6 hours, you're ELD is correct in claiming the 16:00 time for the 14, assuming a 7 hour sleeper is taken, which it was.you are good until 16:00.
    Now you did mention you use split all the time. Did you use it on 4/19, or did you get a full 10 before starting at 20:00 on 4/20?
    Something with that might cause issues, but I kinda doubt it.
     
  11. Army91W

    Army91W Heavy Load Member

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    On 4/20 I had a mix of off duty and sleeper time but no split break restrictions. My first on duty time was 2000.

    I actually intended on taking a seven hour sleeper. But at 0600 nature called and I woke up and used the restroom. Afterwards, I smoked a cigarette and my ELD said I had 10 hours left on my 14. I made the decision what’s the point to lay down for 40 more minutes, might as well get my drops off. I finished at 1600 at the Petro in OKC. I slept for 12.5 hours.

    My ELD showed no issues. Few days later POE Colorado get a level 3 and inspection and a violation.

    I don’t care about the violation. It’s the what if’s . I’m determined to learn how to calculate my 14 when using a split break.

    The violation code was 395.3A2-Prop. I’ve pulled it up but it doesn’t answer my questions.
     
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