Ask The Law™ - March 2008

Questions Regarding Hours-of-Service, Idling
in California & More Answered by
Law Enforcement Officials (as of March 2008)

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SLEEPER BERTH TIME
Q:Are we supposed to be in the sleeper berth (bunk area) the whole 10 hours of our rest period?  Please define – there seems to be some confusion on sleeper berth time. – Beverly in Tennessee

A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB No, you don’t have to spend the entire 10 hours of your break in your sleeper.  The safety regulations provide the following three (3) options for obtaining a full 10-hour break: 49 CFR 395.1(g)(1)(i) states – in general – a driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in 395.2 and 393.76 of this subchapter, (A) Must, before driving, accumulate: (1) At least 10 consecutive hours off-duty; (2) At least 10 consecutive hours of sleeper-berth time; or (3) A combination of consecutive sleeper berth time and off-duty time amounting to at least 10 hours.  This combination may be any number of sleeper berth hours and off-duty hours as long as they are uninterrupted and total at least 10 hours.  For example, you could go off duty for 2 hours, and then go to bed in the sleeper for 6 hours, followed by another 2 hours off-duty.  This totals 10 hours, meeting the requirements of 395.1(g)(1)(i)(3).  You may also use the sleeper berth option to obtain the equivalent of at least 10 consecutive hours off-duty.  The term “equivalent of at least 10 consecutive hours off-duty” means a period of at least 8 but less than 10 consecutive hours in a sleeper berth, and 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.  Warning: In this case, if you use this option, your time in the sleeper berth must be at least 8 hours.

IDLING IN CALIFORNIA
Q:My husband has sleep apnea and has to sleep with a snorkel (CPAP machine).  We drive team and on occasion he has been in the sleeper while I am unloading and in California.  We must run the truck to have the machine work.  Can anyone legally ticket us for idling when it is medically related?  Thanks. – Dani in Arizona

A: Provided By Officer Chris Sahagun, California Highway Patrol, Commercial Vehicle Section, Sacramento, California) California’s Air Resources Board controls and enforces the Heavy-Duty Vehicle Idling Emission Reduction Program.  Information may be found directly on their website at www.arb.ca.gov/msprog/truck-idling/truck-idling.htm#OVERVIEW.  There is also a contact page to send specific questions to if the answer you are looking for is not found on the website.  Or, you may contact them directly at 1-800-END-SMOG (1-800-363-7664) or contact David Chen at dchen@arb.ca.gov.

SPLITTING SLEEPER BERTH TIME
Q: In the splitting of hours in the sleeper, can the two hour sleeper berth time be taken first and then the eight hours, or does the law mandate that the eight hours be taken first and then the two hours?  A DOT trooper told me that the eight hour sleeper berth time has to be taken first. – Phil in Georgia

A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: I have no idea where the trooper came up with that rule.  There is no DOT requirement that states you have to take the 8-hour break first and the 2-hour break second.  All the regulations state is if you choose to take advantage of the 4th option for rest, here is how it must be done: one period must be at least 8, but less than 10 consecutive hours in the sleeper berth, and a second period must be at least 2, but less than 10, and the time can be logged as either off duty, sleeper berth, or a combination of the two that totals at least 2 hours.  Warning: The shorter break will count towards your 14 total duty hours while the 8 hours sleeper berth stops the 14-hour clock.

~ The Ask The Law™ programs are an ongoing educational effort between Ol’ Blue, USA™ and commercial law enforcement agencies.  Founded in 1986, Ol’ Blue, USA is a non-profit organization dedicated to highway safety education and to improving relations between the motoring public, law enforcement and commercial drivers.  “Ask The Law” is a registered trademark of Ol’ Blue, USA.  This column is copyrighted by Ol’ Blue, USA.  Warning: Laws are subject to change without notice.  These interpretations were made on 2/05/08 .