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USA 2004 Hour of Service Example Logs

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Example #17 ---- Combining sleeper berth and off duty time. Failing to have two qualifying sleepers berths periods totaling at least 10 hours immediately prior to taking 10 or more consecutive hours off-duty.

FMCSA Policy: If a driver, or a member of a driving team has at least two qualifying sleeper berth periods totaling at least 10 hours immediately prior to taking 10 or more consecutive hours off-duty, the driver may combine the last sleeper berth period with the 10 consecutive hours off-duty period. (Memorandum-Hours of Service Enforcement Policy, Dated: Nov 25 2003, Issue 2:)

This rule can be used by drivers who qualify as split sleeper berth operators, so that the day they are taking off can be log off-duty instead of sleeper berth as required when they drive past the 14 hour rule. (This is used when the driver wants to exclude the 2nd sleeper so they can continue to drive past the 14th hour.)

Note 1: You must log 10+ hours consecutive off-duty in order not to be in violation.

Note 2: The last two qualifying sleepers berths must equal 10 hours immediately before logging off-duty. (If NOT see Example 5)

DAY 1

DAY 2

DAY 3

These logs are not legal.

To exclude sleeper berth time from the 14-hour calculation, a driver must have at least two qualifying sleepers berths periods that equal 10 hours immediately prior to taking (logging) 10 or more consecutive hours off-duty.

In the above example the 1st qualifying sleeper begins on Day 1 at 7:30pm and is 6.50 long. The 2nd qualifying sleeper begins on Day 2 at 5:45am and is 2.75 hours long. We now have to ask two questions to determine if the driver may exclude the 2nd sleeper.

1. Did the driver have at least two qualifying sleeper berth periods totaling at least 10 hours immediately prior to taking 10 or more consecutive hours off-duty. Answer is NO, the total is 9.25 hours, you must have at least 10 hours.

2. Did the driver have 10 consecutive hours off -duty? Answer is YES

Then the driver may not exclude the 2nd sleeper berth from 5:45am, and the sleeper berth is counted toward the calculation of the 14-hour rule. causing the violation from 6:00pm to 7:30pm.