Rest Break and HOS

Im currently dispatching drivers. Last Friday, a driver came back to the plant with about two hours for the week, but wanted a run that can normally be done in about 1:40. I give it to him, but he thought it was still being loaded when in fact it was just completes. He was sitting in his truck with it off. Knowing the load was done, and that he had limited time left for the week, I asked him what he was doing? He told me he was going to be on a break until the load was done. I told him it was done and that going on a break wouldn’t help him anyway. He was adamant that it would help him and I told him that it would not and that his daily clock doesn’t stop once it starts. He insisted I was wrong and I wasn’t going to argue with him so I walked away.
I know what the law says, but thought I’d experiment with PeopleNet to see if the software was doing something contrary to law, or the law as I understood it. On Monday, I took a Rest Break (working at the plant) and confirmed that the 14 hour clock continued to count down, but the cycle duty time did not. This was as I expected. So today, I thought I’d duplicate last Friday’s scenario. I logged in today with roughly 7 hours left for the week (less than a full 14). I put myself on Rest Break and to my surprise, BOTH clocks stopped. I believe this is what the driver was seeing last Friday. Why would your daily clock stop on a Friday when you take a break when it doesn’t do it Monday-Thursday when you start the day with a full 14 hours. Also, when I logged in today with 7 hours, it said I had 14 hours for today but 7 left for the week. I would expect the daily clock and the cycle duty to read the same at the end of the week and for both of them to continue to count down whether on a break or not. Anyone notice this or have an explanation?

 

I understand that and that was the point of our contention. He wasn’t doing it to take a required break, he thought he was just legitimately stopping his clock to save a few minutes, knowing he was cutting it close with his cycle duty. That’s not what the law reads, but my experiment shows that the clocks did, in fact, stop but only at the end of the week and not on Monday through Thursday. The software seems inconsistent.

 

Thank you. That’s what happened. He started with 12, so it allowed him two hours to stop the clock essentially. His tactic isn’t legitimate either, if he isn’t truly off duty, but that’s not the question here. You answered my technical question. I figured if you start your Friday with twelve hours, you have 12 to complete the week, but you and another, clarified that. Thanks again.