HOS And 34 Hour Reset

Dan B. I must commend you for having the patience to read thru all the applicable legislation. It's nice to hear that you would go to such lengths. Wish you luck in whatever field you do pursue.

I would rather not have to do that but what I was reading from other people got so confusing I decide to look up the legislation. Part of my work years ago involved researching legislation, FAR clauses, etc., so it was easy to find.

Well, since I was the one who mentioned reading the docs, I feel kind of bad now, because I was only suggesting reading the few paragraphs that were relevant. From the Consolidated and Further Continuing Appropriations Act, 2015 mentioned in your quote:

Sec. 133. (a) Temporary Suspension of Enforcement.--None of the funds appropriated or otherwise made available by this Act or any other Act shall be used to enforce sections 395.3(c) and 395.3(d) of title 49, Code of Federal Regulations, and such sections shall have no force or effect from the date of enactment of this Act until the later of September 30, 2015, or upon submission of the final report issued by the Secretary under this section. The restart provisions in effect on June 30, 2013, shall be in effect during this period.

And from the CFR,

§395.3 Maximum driving time for property-carrying vehicles. (a) Except as otherwise provided in §395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle , nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:

(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;

(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.

(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.

(ii) Rest breaks. Except for drivers who qualify for either of the short-haul exceptions in §395.1(e)(1) or (2), driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.

(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—

(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

(c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.

(2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.

(d) A driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

I actually was wrong about it specifically saying that it reverted to the rule in effect before 6/30/13. I guess I was reading a summary of the changes or something.

The thing I find interesting about it is that I don't see anything that would allow the 8/2 split thing that was being talked about in a different thread. In fact it specifically says you need 10 consecutive hours before starting a 14 hour day.

Oops...first, the part I quoted does mention the 6/30/13 date. Second, the 8/2 split thing is mentioned in an earlier section (395.1).

Dan B. I think that you are over complicating things. I have a tendency to do that, as well. as far as HOS goes, I finally came to the conclusion, that I will cross that bridge, if/when i come to it. whether certain things, are suspended, or not. It does not effect the job that you have to do, and that is get the freight assigned to you, from point A, to point B, with the occasional A.2, A.3, etc in there. When you get a load, that will force you to run into your 70, or a load that will be more convenient to do a split sleeper, it will start to make sense for you, as to how to manage the hours that you have. Whether or not, the feds are enforcing it, doesn't effect how you manage the clock, to deliver the freight. Unless you figured out how to have 2 different elog systems.

or a load that will be more convenient to do a split sleeper

Can't do that. splitting sleeper birth times was made illegal in 2004 or 2011 (I forget which).

Kurt, I would have referred to the actual legislation anyway. There seems to be some confusion even among veteran drivers so you can imagine how confusing it could appear to someone not familiar at all with the rules (me). What you posted lists the rules perfectly I think, and that’s what I was looking for; facts and not an opinion or educated guess.

Danielsahn, I’m not trying to make it complicated at all, I just didn’t know. Before I asked the question I did research on the rule both on TT and other websites and the comments about the 34 hour restart were not consistent, and that’s why I asked.

or a load that will be more convenient to do a split sleeper

Can't do that. splitting sleeper birth times was made illegal in 2004 or 2011 (I forget which).

Whooooaaaaa, hold on there a second. Yes, you can still use the split sleeper option. Don't go making this thread even more confusing than its already become lol. That option was never suspended and certainly isn't illegal.

or a load that will be more convenient to do a split sleeper

Can't do that. splitting sleeper birth times was made illegal in 2004 or 2011 (I forget which).

Phox, what do you mean? Page 95 of the High Road Training Manual states;

Split sleeper / off duty time: You may also use the sleeper berth in a different way to get the equivalent of at least 10 consecutive hours off duty. To do this, two rest periods are required. This rule is commonly referred to as the "split sleeper berth" rule. To use the split sleeper berth rule, you must spend at least one of the two required rest periods in your sleeper berth. The required rest period in the sleeper berth must be at least 8 consecutive hours (but less than 10 consecutive hours). This rest period will not count against your 14 hour duty clock. The other separate rest period must be at least 2 consecutive hours long. This rest period may be spent in the sleeper berth, off duty, or sleeper berth and off duty combined. This 2 hour period will count against the 14 hour on duty limit. It does not matter which rest period you take first. After you complete your second required rest period, you will have a new point on the clock from which to calculate your hours available. This new calculation point will be at the time you completed your first required rest period.

Is this allowed? Really confused here.

or a load that will be more convenient to do a split sleeper

Can't do that. splitting sleeper birth times was made illegal in 2004 or 2011 (I forget which).

Phox, what do you mean? Page 95 of the High Road Training Manual states;

Split sleeper / off duty time: You may also use the sleeper berth in a different way to get the equivalent of at least 10 consecutive hours off duty. To do this, two rest periods are required. This rule is commonly referred to as the "split sleeper berth" rule. To use the split sleeper berth rule, you must spend at least one of the two required rest periods in your sleeper berth. The required rest period in the sleeper berth must be at least 8 consecutive hours (but less than 10 consecutive hours). This rest period will not count against your 14 hour duty clock. The other separate rest period must be at least 2 consecutive hours long. This rest period may be spent in the sleeper berth, off duty, or sleeper berth and off duty combined. This 2 hour period will count against the 14 hour on duty limit. It does not matter which rest period you take first. After you complete your second required rest period, you will have a new point on the clock from which to calculate your hours available. This new calculation point will be at the time you completed your first required rest period.

Is this allowed? Really confused here.

Short answer Rob. Yes it's allowed and ignore what Phox said. Now, my advice until you've gotten some time in driving is to ignore the split sleeper option because it can be a bit confusing to use and if you screw up, it can be pretty frustrating. It is a legal option though.

I wouldn't be surprised if Phox learned that in driving school. I found I was much more knowledgeable on HOS rules than the staff at the school I went through.

Split sleeper is legal. I use it almost every week.