I’ve been driving for about three years. I thought I had a pretty good grasp on HOS regs and I split my clock in the sleeper almost every Friday so I can make it home for my 34.
Well, I just got off the phone with Safety. They are telling me that I have to end my shift in the sleeper, even if I am going home for my 34, or I am in violation.
That basically means I have to shut down and spend the night in my truck before I go home for the rest of my 34.
I have been doing a sleeper birth split to make it home almost every weekend for most of the time I have been driving for this carrier. And I almost never spend the night in the tractor before I go home.
They are telling me I am in violation. I’m not going back to my tractor until I finish my 34.
Did I miss the memo or what? I thought a 34 hour reset was a RESET!
Splitting your clock
Discussion in 'Trucking Industry Regulations' started by BryanH, Mar 26, 2022.
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What?
They’re full of bs.
Tell them to read the regulations.
What is the Split-Sleeper Berth Exception?
What rest periods qualify for the split sleeper berth provision? | FMCSA
At least 7 hours sleeper, 3 off duty. Or 8 sleeper 2 off duty.BryanH Thanks this. -
Here's the deal. The way the rule is written, if you take the short part of a split during the day, you must follow it up with the required sleeper portion. If you don't, it's an invalid split and a retroactive violation.
If I use the split right before a 34, I just put myself in the sleeper, and go back when I return to the truck and put myself off-duty after the required sleeper time. -
Yes it makes no sense, but that's the regulations for you.
Valid, start the day, later go to sleeper for 7 hours, this stops the clock. Go home and go off duty for 3 (or 10, or 34) and all that resets the clock.
Not valid, Start the day, later take a 3 hour off duty or sleeper to pause the clock, then go home and do a 10 or 34. In that case there was no sleeper so that 3 hour pause doesn't count and the original 14 rule s in effect.
As for the 34, it does reset the clock yes. The 14 hour violation on Friday would still be there though. -
Only HOS violation I've had so far. I did alittle over 3 hours of off duty to stop my 14 from running down and to be able to keep an appointment. Afterwards, I took a full 10. Figured since I took a full 10, in off duty, the sleeper berth portion would be a mute point (in reality it is a mute point). Got a call from safety about it. He didn't really fuss at me, he just went over the whole thing and informed me, that regardless of how mute a point it is, you still HAVE to show the 7 hour sleeper berth or it's technically a violation.
So, yeah, it doesn't make sense if after the off duty segment, you have to show the sleeper berth portion, even though you take a 10 or 34. But, it is the way the current rules require it and an HOS violation if not done. Perhaps sometime in the future they'll update it where taking a 10 or 34 negates having to show the sleeper berth segment.
BTW, to the best of my knowledge, the sleeper berth portion simply has to be performed before your next on duty or driving event. So, perhaps your could go off duty for your 34. But, when you get back to the truck do the sleeper berth portion then. I don't see why this wouldn't technically work. When I do a split, I never go directly from on duty or driving to sleeper berth. I always go off duty first. Then, when I'm actually ready to go to bed, I'll flip it to sleeper berth. When I go for hometime, I park my truck at the nearest terminal, which is about 170 miles from my home, then grab my Jeep that parked there and head home. When I return, I often return the evening before I actually go back out. Gives me time to unpack, settle in, do any last minute shopping I may need to do and afterward, go to sleep in my truck and be ready to go back out the next morning. So, that 'solution' could work for my situation.When the opportunity exists to test it, I will and see what happens. I haven't seen anything that shows how soon the sleeper berth portion must be taken, except that it must be taken before going back on duty or driving.Last edited: Mar 26, 2022
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I do the short part of the split first. I do all my 10 hour breaks in the sleeper. The only time I ever go off duty is for my 34.
I do it nearly every weekend. This is the first time anyone has said anything about it.
If I have to start my 34 in the sleeper, I am taking my tractor home! -
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Go home on sleeper edit logs when ur back call it a day
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Here is the split sleeper provision. It's actually fairly short, and I think that is what one of the issues is. It's doesn't explain it too well.
Anyway, I highlighted in red the relevant portion.
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).BryanH Thanks this. -
I completely understand the split. Never had an issue with that. I understand the second half of the split. I have done it (rarely) to finish rolling in to my last stop. If I have time I will do a full ten instead… I just always do my ten hour breaks in the sleeper.
I have been splitting my clock every Friday and doing a 34 “off duty” pretty much every weekend. Today, is the very first time I have been called out on that in violation. I was ready to die on that hill, unless the law changed since last weekend.
So now I have learned, I will “technically” still be in violation even with a full 34 behind me, even though I still get a full 70 when I go back to my tractor in the morning. And I can “technically” still get a ticket for it. Man, that sucks. Thanks for helping me out with that.
I sure hope there are not any hard ### state troopers out there giving people tickets for that!
I won’t go back and edit my logs. I can, I just won’t. I have been grilled over my logs before. There was a fatal accident with a tractor/trailer the night before I passed through a town. They were on a witch hunt, I didn’t get in any trouble but man I thought for sure I was not getting out of there without SOMETHING. Anything you go back in and edit is viewed as a falsified log by law enforcement and they will hunt for it and make you sweat! Had me on the side of the highway for over three hours, hunting for exposed wires and loose bolts, grilling me about my logs. He followed me with his driving lights off for a good ten minutes before he stopped me too, didn’t think I could see him but I knew it was coming! Looked at my phone too and my search history and text messages, and my company app and messages. It was a nightmare but he finally let me go, almost ran out of hours before I made it home.
So two things I just don’t do is edit my logs or use personal conveyance. Not worth the trouble!
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