Example # 19 ---- 14 Hour Rule

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Example # 19 ---- 14 Hour Rule - When does the 14 hour rule reset to, when a driver logs off-duty after the sleeper berth, before logging any Driving or On-Duty Not Driving (line 3 or 4)?

Part 395.1 (g) (1) (i) (ii) (iii) (A) (B) (iv) (Page # -478- (FMCSA Regulations Handbook - February 2004)

(i) Neither rest period is shorter than two hours;

(ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed 11 hours;

(iii) The driver does not drive after the 14th hour after coming on duty following 10 hours off duty, where the 14th hours is calculated:

(A) by excluding any sleeper berth period of at least 2 hours which, when added to a subsequent sleeper berth period, totals at least 10 hours, and

(B) by including all on-duty time, all off-duty time not spend in the sleeper berth, all sleeper berth periods of less than 2 hours, and sleeper periods not described in paragraph (g) (1) (iii) (A); and

(iv) The driver may not return to driving subject to normal limits under 395.3 without taking at least 10 consecutive hours off duty, at least 10 consecutive hours in the sleeper berth, or a combination of at least 10 consecutive hours off duty and sleeper berth time.

Day 1

In this example a driver used the sleeper berth from 5:00am to 10:00am (Day 1) to drive past his/her 14th hour. The driver then when back into the sleeper for the 2nd sleeper berth from 6:00pm to 11:00pm Both sleeper when combined equal 10 hours. The 14 hour reset occurs at 10:00am. The off duty from 10:00am to 12:00pm will be included in the 14 new 14 hours.

There is a NO violation of the 14 consecutive hour rule. The 1st sleeper is still a valid extender. You can combine two sleepers as long as they meet the requirement of the above section (A). The key words here is "at least". So a 1st sleeper of 2 hours when added to a 2nd sleeper of 10 hours still allows the extension.

Off-Duty when attached to a sleeper that does not equal 10 hours, must be included in the 14 hour clock.