Ask The Law™ - July 2008
Questions Regarding Split Sleeper Berth
Time, Logging Miles & More Answered by Law
Enforcement Officials (as of July 2008)
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SPLIT SLEEPER BERTH TIME
Q:First let me say what a great site you have set up here. I’ve looked at your logbook presentation for split logging, and I was wondering if one way is better then the other. I’ve been driving four years and I find that by driving 10 or 11 hours and then taking the full 10-hour sleeper time I’m able to start fresh every day with the 11 and 14 hours. With the 2-hour and 8-hour split it seems that sometimes you could only have a few hours left to drive and then you have to shutdown. Splitting just looks much more confusing trying to make sure you don’t go over the 11 and 14 hours. I’m starting with a new company running the Northeast and Mid-Atlantic states. My trips won’t be as long as if I was running 48 states, which I do now. Would split logging make more sense running this area? I’d like some input from someone I can trust. Thanks – Gil in Maine
A: Provided by Jim Brokaw, formerly a Staff Sergeant with Nebraska State Patrol, Carrier Enforcement Div, Lincoln, NB: Using split sleeper berth time depends on each person’s particular schedule; but it’s hard to say if splitting your time is any better than taking a full 10-hour break. I will say that as long as it’s possible to take a full 10-hour break as you do, you are less likely to make a mistake on your hours of service. I agree with you – splitting sleeper time is probably more a matter of personal preference – but it is an available option to address an individual’s scheduling needs. Good luck with the new job and thank you for your kind comments regarding Ol’ Blue’s website. I consider it a privilege and a pleasure to be able to assist you drivers in such a small way.
LOGGING MILES VERSUS TIME
Q: How many miles can a person properly log on a logbook if he/she is running 65 miles per hour, running only on the interstate highways? Thank you for your time – Rodney in Florida
A: Provided by Senior Trooper Monty Dial, Texas Highway Patrol, Commercial Vehicle Enforcement Division, Garland, Texas: This interpretation can be found in Part 392.2. I hope this helps answer your question. The interpretation was written when a driver could drive a maximum of 10 hours. Drivers are now allowed to drive no more than 11 hours, so you will need to make some adjustments. Question 1: How many miles may a driver record on his/her daily record of duty status and still be presumed to be in compliance with all of the speed limits? Guidance: Drivers are required to conform to the posted speed limits prescribed by the jurisdictions in or through which the vehicle is being operated. Where the total trip is on highways with a speed limit of 65 mph, trips of 550-600 miles completed in 10 hours are considered questionable and the motor carrier may be asked to document that such trips can be made. Trips of 600 miles or more will be assumed to be incapable of being completed without violations of the speed limits and may be required to be documented. In areas where a 55 mph speed limit is in effect, trips of 450-500 miles are open to question, and runs of 500 miles or more are considered incapable of being made in compliance with the speed limit and hours of service limitation.
LOGGING SHORT PERIODS OF TIME
Q: What is the proper logging procedure when you have worked less than 7 minutes or more than 8 minutes when on duty not driving? I’ve been told that up to 7 minutes can just be a line for change of duty status, and that anything between 8 to 29 minutes can be logged as just 15 minutes. I think anything in excess of 22 minutes should be logged as a half hour; otherwise it could look like I am speeding. I’ve also been told to always round up to the next quarter hour, even if it is only a minute or two. Can you clear this up? Thank you – Jennifer in California.
A: Provided by Sgt. Pete Camm, California Highway Patrol, Commercial Vehicle Section, Sacramento, California: Federal interpretations allow drivers to record short periods of time on their records of duty status (RODS). These short periods of time (less than 15 minutes) may be identified by drawing a line down from the appropriate status on the RODS and then entering a specific time period, such as 8 minutes, and the location. Under California’s, Subsection (a) of Section 34501.3 VC prohibits a motor carrier from scheduling a run which would necessitate speeding or require a driver to operate over hours. Subsection (b) would allow for the issuance of a speeding ticket to a driver, but the language makes it a reputable presumption. Law enforcement is more inclined to cite the motor carrier, not the driver.
~ 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 6/09/08 .