Split breaks legal?

Discussion in 'Questions From New Drivers' started by aramil248, Mar 10, 2018.

  1. DSK333

    DSK333 Road Train Member

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    But where does it state you CAN use either one first?
     
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  3. not4hire

    not4hire Road Train Member

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    It doesn't say. Therefore, in the absence of explicit direction to use one or the other, there is no restriction as to which one is used first. Simple.
     
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  4. DSK333

    DSK333 Road Train Member

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    Nothing is simple when dealing with DOT. I feel if it doesn't specify than it shouldn't matter too. I have no idea why they said 2 had to be done first. Hopefully I can find that thread again. I found the actual link and associated text to the regulation though.

    "(D) Must exclude from the calculation of the 14-hour period in §395.3(a)(2) any sleeper-berth period of at least 8 but less than 10 consecutive hours.

    (ii) Specific requirements. The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:

    (A) The term “equivalent of at least 10 consecutive hours off duty” means a period of

    (1) At least 8 but less than 10 consecutive hours in a sleeper berth, and

    (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.

    (B) Calculation of the driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section."

    eCFR — Code of Federal Regulations
     
  5. xsetra

    xsetra Road Train Member

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    Buy an antiquated log book. It's printed on the cover. I bought some triplicate books the other day for a buck each.
     
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  6. DSK333

    DSK333 Road Train Member

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    I know what is says. It's what it doesn't say that bothers me. They don't spell it out that either one be done first. We're dealing with a Federal agency here. Sit in one of their court rooms and you'll quickly understand.
     
  7. 25(2)+2

    25(2)+2 Trucker Forum STAFF Staff Member

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    It doesn't say because it doesn't matter which is first, and every time you use offsetting breaks, the one the 14 is calculated from becomes the first. You can keep doing this as long as it works out for you.
     
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  8. DSK333

    DSK333 Road Train Member

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    I got that BUT they DON'T spell that out anywhere. They technically can use this against any driver they want at will.
     
  9. xsetra

    xsetra Road Train Member

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    That is broken logic. If they can use it against you. You can use it against them.

    If you believe it can't be used either way, than don't use it!

    This type of attitude is why eld's are needed. Do what your machine tells you.

    Good luck.
     
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  10. DSK333

    DSK333 Road Train Member

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    You can still split on an ELD. Blame my logic all you want but until you sit in front of a Federal Magistrate you'll never know exactly how the Feds truly operate. Come back and tell me how my "logic" is then.
     
  11. WesternPlains

    WesternPlains Road Train Member

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    If you do an 8/2 split. You’ll only get 8 hours to drive afterwards.
    In order to get your full 11 and 14. You have to take a full 10 off.
    Yes it is all confusing. I think it’s because they’re all confused.
     
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