Max time you spend in sleeper birth?

Discussion in 'Questions From New Drivers' started by Xzay, Oct 5, 2016.

  1. MachoCyclone

    MachoCyclone Road Train Member

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    Don't mind me. Just sitting here with my popcorn. :happy1:
     
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  3. Lepton1

    Lepton1 Road Train Member

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    ^^^ THIS ^^^
     
  4. ZVar

    ZVar Road Train Member

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    I think both sides are getting a bit tunnel visioned. On one hand scottie is posting the correct and Legal answer. On the other hand most everyone else is posting the Practical answer.
    To be 100% legal, yes you need to log even running in for 90 seconds for a pee break as Off Duty, and scottie has posted regulations stating that. On the other hand there is the practical matter of the odds that you will get a ticket or whatever from it has to be so low that winning the lottery, without ever buying a ticket must be higher.
    How I did it, which I admit was not 100% legal, but was practical, was to log 1-2 hours off duty, then the rest in sleeper if I was at a truck stop. At a rest area it was all sleeper.
     
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  5. scottied67

    scottied67 Road Train Member

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    I would say it is very practical to log it legal to stay out of prison.
     
  6. m16ty

    m16ty Road Train Member

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    Personally, I think the "sleeper berth" thing is for team drivers and is why it's on the logs. It's hard to explain off duty when a team truck is still rolling down the road, hence you can put sleeper berth and it explains what you are doing.

    For solo drivers, I don't see a reason why you can't just put "off duty". It's none of the officer's business what you do on your off duty time. Sleeper, hotel, staying at a friend's house, it doesn't matter. I don't think it would be a problem logging sleeper berth but I also think off duty would work just as well.

    I drive a day cab, never have had the opportunity to log sleeper berth.
     
  7. Moose1958

    Moose1958 Road Train Member

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    I'm getting tired. This is starting to remind me of the old joke about wrestling a pig in mud. First for the 5th time there is NO rule that states moving from line 2 to line 1 or visa versa is a change of duty status and must be logged. A driver has 3 duty status. 1 on duty not driving, on duty driving and off duty. There is no rule making in the rules or the guidance for changing line 1 and 2. Take this ridiculous interpretation and you will be trying to tell an off duty driver that taking a week off that they must keep their logs current every day of that vacation and can be asked by an officer and busted for a log not filled out. You keep your logs current to your last change of ON duty status during the day. This means you don't put that truck in gear till that log is current. However when you are off duty on private property there is NO rule mandating you keep the log current. Then before you put the truck on the road you should be satisfied the truck is safe and your logs are current. You log the location in the remarks. Then you run your hours and them log back off duty. I know it is an exercise in futility but read page 19 and 14 of this FMCSA driver handbook should cover this.
     
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  8. Moose1958

    Moose1958 Road Train Member

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    There is no rule that mandates you use line 1 or line 2 for off duty. Once you are off duty and released from the truck you are free to do most anything you want.
     
  9. not4hire

    not4hire Road Train Member

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    Since you claim to be an "expert," post the rule that supports the highlighted portion of your quoted post.
     
  10. Moose1958

    Moose1958 Road Train Member

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    No your conclusions are simply wrong. There are thousands of drivers that don't fully understand change of duty status and why and how you do it. What this person is attempting to do is add language to the HOS regulation that you must stay current even on your off duty time and when you exit or enter a sleeper that requires a change of duty status when you are off duty to start with. Yes it is true drivers MUST keep their logs current to their last change of duty status. To hear this person this means to stay current means that if you are running through midnight at your home terminal you MUST stop and finish your day do your recap and start another day before you could legally continue. Thankfully the FMCSA has made it clear what change of duty status means. When you are on either line 1 or 2 you are OFF duty. Most drivers are even on private property on this status. You are free to move about the truck and the area around you while on that 10 hour break. What I think this poster is doing is confusing the FMSCA split sleeper Berth rules. In these it is very possible to get a log book ticket in the way they described. However I will say it again there are NO, ZERO, NADA FMCSA rules that mandates you change duty status from line 1 to line 2 or vica versa if you leave the sleeper to take a potty break. Now a carrier can make it a company rule. The keeping your logs current regs being posted DO NOT APPLY when you are OFF DUTY. BTW I NEVER advise a new driver to violate the HOS laws. There is no such thing as a Legal interpretation of the FMCSA rules and a Practical interpretation of said rules. Now we are getting to the heart of the problem. I plan to ask the next MCSAP/CVSA/DOT officer I meet if he has ever gave a trucker a log book ticket for leaving a sleeper berth and not changing his duty status (while off duty) from line 2 to 1 and back again. I suspect I will get a good laugh from that cop.
     
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  11. scottied67

    scottied67 Road Train Member

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    (2) A driver operating a commercial motor vehicle must:

    (i) Record the driver's duty status using one of the methods under paragraph (a)(1) of this section; and

    (ii) Submit the driver's record of duty status to the motor carrier within 13 days of the 24-hour period to which the record pertains.

    (b) The duty status shall be recorded as follows:

    (1) “Off duty” or “OFF.”

    (2) “Sleeper berth” or “SB” (only if a sleeper berth used).

    (3) “Driving” or “D.”

    (4) “On-duty not driving” or “ON.”

    Key word is MUST which leaves NO ZERO NADA room for interpreting this on your own as a driver. It is not current to the last change of on duty, it is to be current to the last change of duty period.

    Sleeper berth is duty albeit the duty is Off just that it is in a specific place. And Off Duty is also duty that is turned off. So therefore the driver *MUST* change duty status when they change position from sleeper to off duty and vice versa. It is written right there in the book.

    Now they go on to give a short example in parentheses --

    (c) For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.

    but no one should confuse that with meaning the duty status only changes on public property, driving or working. It is an example and they left out Off Duty and Sleeper because the unit is *parked* and it is wholly unnecessary to again and again write down the city/state over and over. If you take the parentheses out you have this--

    (c) For each change of duty status the name of the city, town, or village, with State abbreviation, shall be recorded.

    You gotta start thinking like a lawyer to protect yourself from prison.
     
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