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Question:

1212What violation has occurred at 8:00 a.m. on Day 2?
Day 1

Day 2

A There is an 11 hour and 14 hour rule violation.
explanation

1212Day 1

Day 2

There are 11 and 14 hour rule violations from 8:00 a.m. - 1:00 p.m. on Day 2.
- 11 Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at 2:00 a.m. on Day 1. The driver reached the 11 hour driving limit at 3:00 p.m. on Day 1 and did not obtain another 10 hour break before driving again at 8:00 a.m. on Day 2, thus violating the 11 hour limit. The driver then obtained 8 consecutive hours in a sleeper berth, which, combined with the earlier 7 1/2 hour sleeper berth period, made the driver eligible for the split sleeper berth provision which means the driver accumulated at least 10 hours of rest using a combination of at least 8 (but less than 10) consecutive hours in a sleeper berth and another break of at least 2 (but less than 10) consecutive hours. This moves the 11 hour calculation point to the end of the first of the two qualifying breaks, or 5:00 a.m. on Day 2. Between 5:00 a.m. and 9:00 p.m., the driver had 5 hours of driving, so at 9:00 p.m. on Day 2 there were 6 hours remaining, and there were no further 11 hour rule violations.
- 30 Minute Break: The driver was never on duty or driving for enough consecutive hours which would make 30 minute break mandatory, therefore the 30 minute break provisions does not apply in this example.
- 14 Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available beginning at 2:00 a.m. on Day 1. The 14 hour limit was reached at 4:00 p.m. on Day 1. Without a valid 10 hour break, the hours continued to accumulate into Day 2, and the driver violated the 14 hour rule by driving at 8:00 a.m. The driver then went into the sleeper berth for 8 consecutive hours, which enabled him or her to take advantage of the split sleeper berth provision. This moves the 14 hour calculation point to 5:00 a.m. on Day 2, the end of the first of the two qualifying breaks. Counting forward from there, the 8 hours from 5:00 a.m. to 1:00 p.m. are included in the calculation, but the 8 hour sleeper berth period is excluded. Therefore, at 9:00 p.m. on Day 2, the driver had 6 hours remaining and had no further violations of the 14 hour rule.
To remain in compliance: The driver should have remained in the sleeper berth until 5:30 a.m. on Day 2, thus moving the calculation point to 9:00 p.m. on Day 1. Or, at 9:00 p.m. on Day 1, the driver should have remained in the sleeper berth instead of going on duty for 30 minutes.

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