Max time you spend in sleeper birth?

A rest area as long as you are parked legally and are not violating a parking time restriction is still the same. However if you are not parked legally or a cop see's something that needs attention your situation may change because you are on public property you might find yourself in a bad situation and then you might have HOS issues. The dynamics are the same though. I think I posted this story before but I will do so again. Back just after the I 20 west bound scale in Alabama was opened whenever it was closed they placed a barrier blocking the exit. I had loaded late and was tired and had little time left on my clocks. I could not find any parking in Georgia or the Alabama Rest Area. I decided to stop and park at that scale. Later that night an Alabama trooper woke me up and told me I was parked illegally and told me to move. I calmly explained my problem to the cop and he let me stay but warned me about piss bombs. If that cop had forced me to leave I would have had to tell him to call a wrecker because I was out of hours. Thankfully my attitude was good and he responded in kind.

 

ha ha, this is amusing.

I have to defend Scottie a bit here. I know a guy who got a falsification for logging 10 off duty when he had been in the sleeper berth. The company fought it and got it thrown out but he doesn't log it that way anymore. Like many in this thread he went on about how he had never logged sleeper berth in his life, off duty is off duty, blah blah blah,. It's not rocket science. If you're in the sleeper berth then it should be obvious that you log it that way.

I can't imagine too many DOT guys giving a crap about it, it's a pretty silly thing to give an infraction for. But just because it hasn't happened to you doesn't mean it can't happen.

 

As I think most cops would do. I bet Scotties example was a trucker being a dick about the first violation, so cop said F you. I'll write you up for two.

I mean Scotties example is a little off. Considering I've never seen a gvwr on a tractor set at 50,000. Or a trailer at 30,000. Yes that's 80,000. But gvwr on both tractor and trailer is not right.
So that had to have been a dick cop.

And it's one example.

Their human, were human, you have to be a super dick to not understand the problems associated with what you enforce and we deal with everyday.

So any problems with LEO and a calm demeanor from a problem, and scottie will be the only one wrong.

 

They got it tossed because no law was broken. Just because a cop says something is illegal or legal does not mean it can pass judicial review and in the case you spoke of it did not.

 

Oh, so you were there? I guess the fmcsa guidance scottie looked up for us in post 153 is proof that the fmcsa doesn't understand the rules either?

http://www.thetruckersreport.com/tr...d-in-sleeper-birth.325825/page-3#post-5499615

Of course there's a difference between line 1 and line 2. Of course your entries should accurately represent your status. Yes, it's a silly thing to ticket someone for but it's obvious what's technically correct.

 

The company fought it and got it thrown out << you did write this right? If the case was tossed no statutory law was broken. And NO it is not technically correct. Yes there is a difference between off duty and off duty sleeper berth. However there is no rule that mandates you to change from one to another based on things like potty breaks.

 

True, there is no rule that states you're required to change your status for a potty break. If you want take your potty break while in the berth your status wouldn't change. There is, however, a requirement to show when a change of status occurs and when you leave the berth your status does technically change.

I can't imagine anyone showing a trip inside to pee but to log line 1 for your entire break while at a t/s is just needlessly asking for scrutiny. Rebel without a cause is what comes to mind.

 

For going pee? You were still off duty. It wouldn't have any affect on whether or not you should or shouldn't have been there. 3 months before the accident is not going to affect the day of the accident either. Other than to show a pattern.

 

I'm also going to add something that has been alluded to several times now. If you piss a cop off sometimes out of anger a cop will do things like this. There is no rule mandating this line 1 line 2 thing but some cops prey on the public ignorance of the law and rules. If you don't think a cop is not taught this grey area of the law you are sadly uninformed. Almost every state Attorneys General have opinions on these kind of things. Have you ever noticed some cops stop a car and their reasoning was you were weaving? This is cop speak for it is a fishing expedition time and you had better have your ducks in order. MCSAP/CVSA/DOT officers know about the currency rules but will still make a case based on your ignorance. I have friends that are cops. This is why I said what I did about Judicial Review. Best advice is to not piss off a cop and have said cop digging for something to pinch you for.