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Question:

1212Is there a 14 hour rule violation on Day 2?
Day 1

Day 2

A No, 14 hour rule violation occurs.
explanation

1212Day 1

Day 2

There are no violations in this example.
- 11 Hour Limit: After 10 consecutive hours off duty, the driver had 11 hours of driving time available beginning at 2:00 a.m. on Day 1. The driver used those 11 hours by 4:00 p.m. on Day 1, when he or she entered the sleeper berth for 8 consecutive hours. Because the driver accumulated at least 10 hours of rest using a combination of at least 8 consecutive hours in a sleeper berth (4:00 p.m. to Midnight on Day 1) and another break of at least 2 consecutive hours (8:00 a.m. to 10:00 a.m. on Day 1), he or she was eligible for the split sleeper berth provision. This moves the calculation point to the end of the first of the two periods of rest, or 10:00 a.m. on Day 1. Starting the calculation from there, the driver accumulated another 10 hours of driving by 5:00 a.m. on Day 2. By 7:00 a.m. on Day 2, the driver accumulated another pair of qualifying breaks totaling at least 10 hours [4:00 p.m. to Midnight on Day 1 (8 hours) and 5:00 a.m. to 7:00 a.m. on Day 2 (2 hours)]. This moves the calculation point again, to the end of the first of the two breaks, or Midnight beginning Day 2. From there, the driver accumulated another 10 hours of driving by 1:00 p.m. on Day 2. The pattern of 8/2 split sleeper berth provisions continued, with no 11 hour violations.
- 30 Minute Break: On Day 1, the driver spent a total of 12 hours split between on duty and driving time. In order to continue driving beyond the 8th hour, a 30 minute break must be recorded. The calculation point on Day 1 is 2:00 a.m., so in order to continue driving after 10:00 a.m. (8 hours later), a minimum of 30 minutes must be spent off duty. In this example, the driver spent 2 hours in the sleeper berth from 8:00 a.m. to 10:00 a.m. and this satisfies the 30 minute break requirement, so no violation occurred. On Day 2, the driver first went on duty at midnight. In order to drive a CMV after 8:00 a.m. (8 hours later) a minimum of a 30 minute break off duty would be required. The driver met that requirement by taking a 2 hour break off duty (sleeper berth) break between 5:00 a.m. and 7:00 a.m. The hours spent driving between 9:00 p.m. and Midnight on Day 1 are also legal since an 8 hour break was taken between 1:00 p.m. and 9:00 p.m.
- 14 Hour Limit: Calculation of the 14 hour limit begins at 2:00 a.m. on Day 1. The driver accumulates 14 hours by 4:00 p.m. before entering the sleeper berth. Because the driver then met the requirements for the split sleeper berth provision, the calculation point moves to the end of the first qualifying break, or 10:00 a.m. on Day 1. So at Midnight leading into Day 2, the driver had accumulated 6 hours. By 7:00 a.m. on Day 2, the driver accumulated another pair of qualifying breaks totaling at least 10 hours and has not exceeded the 14 hour limit. This moves the calculation point again, to the end of the first of the two breaks, or Midnight leading into Day 2. From there, the driver accumulated 13 of 14 hours by 1:00 p.m. on Day 2. This split sleeper berth pattern continued, with no 14 hour limit violations.

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