Question:
1212
There is a 14 hour rule violation from 2:00 p.m. - 3:00 p.m.
- 11 Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at midnight. The driver reached the 11 hour limit at 3:00 p.m., at which point he or she entered the sleeper berth for 8 consecutive hours. The 8 hour sleeper berth period, combined with the earlier 2 hour off duty period (in this case, a combination of sleeper berth and off duty time beginning at 9:00 a.m.), made the driver eligible for the split sleeper berth provision. That is, 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 either off duty and/or in a sleeper berth. This moves the 11 hour calculation point to the end of the first of the two qualifying breaks, or 11:00 a.m. After 11:00 a.m., the driver accumulated 4 hours of driving time, leaving 7 hours to be used after 11:00 p.m.
- 30 Minute Break: Since the driver was never on duty beyond an 8 consecutive hour period without at least 30 minutes taken off duty, there are no violations of the 30 minute break provision in this example.
- 14 Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available beginning at midnight. The 14 hour limit was reached at 2:00 p.m., but the driver continued to drive, resulting in a 1 hour violation from 2:00 p.m. to 3:00 p.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 11:00 a.m. Counting forward from there (and excluding the 8 hour sleeper berth period), the driver had 10 hours remaining at 11:00 p.m. and had no further violations. The fact that the driver returned to compliance after 11:00 p.m. does not remove the violation from 2:00 p.m. - 3:00 p.m. The driver should have taken the break at 2:00 p.m. to avoid the violation.
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