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Question:

1212A 30 minute break violation occurs on the below example. What day and time does the violation occur?
Day 1

Day 2

A Day 1 at 6:00 p.m.
explanation

1212Day 1

Day 2

There is a 30 minute break violation from 6:00 p.m. to 7:00 p.m. on Day 1.
- 11 Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at 10:00 a.m. on Day 1, but only drove 9 hours before entering the sleeper berth. With only 8 hours in the sleeper berth, the calculation point does not change, so the driver had 2 hours remaining to drive at 3:00 a.m. on Day 2. After reaching the 11 hour limit at 5:00 a.m. on Day 2, the driver went off duty for at least 2 consecutive hours, making him or her eligible for the split sleeper berth provision. In other words, the driver accumulated at least 10 hours of rest using a combination of at least 8 consecutive hours in the sleeper berth (7:00 p.m. on Day 1 to 3:00 a.m. on Day 2) and another off duty break of at least 2 consecutive hours (5:00 a.m. to 7:00 a.m. on Day 2). This moves the calculation point to the end of the first of the two periods of rest, or 3:00 a.m. With 2 hours spent driving after 3:00 a.m., the driver had 9 remaining hours by 7:00 a.m. and used only 8 additional hours.
- 30 Minute Break: The driver was required to take at least 30 consecutive minutes off duty by 6:00 p.m. on Day 1 before continuing to drive. Since the driver did not complete this requirement until an hour later, the driver was in violation from 6:00 p.m. until 7:00 p.m. on Day 1. On Day 2 the driver was on duty longer than 8 consecutive hours. This is perfectly legal. The rules only state that a driver may not drive after being on duty longer than 8 consecutive hours without first taking a 30 consecutive minute break. So remaining on duty without a break beyond 8 hours is legal unless any driving takes place. Since no driving took place after 3:00 p.m. on Day 2, no violation occurred on that day.
- 14 Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 10:00 a.m. on Day 1. By 7:00 p.m. on Day 1, the driver had 5 hours remaining (but only 2 hours of driving available). At 3:00 a.m. on Day 2, the driver still had 5 hours remaining, because any sleeper berth period of at least 8 but less than 10 consecutive hours is excluded from the 14 hour calculation. By 7:00 a.m. on Day 2, the driver had taken 8 consecutive hours in a sleeper berth plus another 2 consecutive hours off duty, making him or her eligible to use the split sleeper berth provision. This moves the 14 hour calculation point to 3:00 a.m. Therefore, at 7:00 a.m. on Day 2, the driver had 10 hours of time remaining (14 hour limit - 2 hours driving - 2 hours off duty = 10 total hours remaining) and used only 9 hours before the end of Day 2.

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