1212What violation occurs in the example below?
Day 1

1212Day 1

Day 2

There are no violations in this example.
- 11 Hour Limit: On Day 1, the driver began operating a CMV at 10:00 a.m. and was allowed to drive for 11 hours. The driver drove for exactly 8 hours before switching back to the sleeper berth for the remainder of the day. On Day 2, the driver used the split sleeper berth provision and spent a total of 11 hours driving which is within the legal HOS limits.
- 30 Minute break: Since the driver was only on duty for a total of 8 hours on Day 1, a 30 minute break was never required. A 30 minute break is only required if a driver wants to operate a CMV and it has been more than 8 hours since the last off duty period of at least 30 minutes. On Day 2, the driver fulfilled the 30 minute break provision by taking 1/2 hour off duty from 1:00 p.m. to 1:30 p.m. Had the driver not taken that break, he/she would have violated the provision from 2:00 p.m. until 3:30 p.m. However, in this case, no violation occurred.
- 14 Hour Limit: After spending 10 consecutive hours off duty on Day 1, the driver switched his/her status to driving at 10:00 a.m. This is the starting calculation point for the 14 hour limit. Therefore, the driver had until Midnight on Day 1 to complete all driving tasks. Since the driver switched back into the sleeper berth at 6:00 p.m. and remained there for the rest of the day, no violation occurred on Day 1. The driver took an 8 hour break in the sleeper berth from 6:00 p.m. on Day 1 until 2:00 a.m. on Day 2. Those 8 hours spent in the sleeper berth do not count against the drivers 14 hour limit (per the 8 hour sleeper berth provision). So at 2:00 a.m. on Day 2, the driver still had 6 hours remaining on his/her 14 hour limit (14 available hours - 8 hours of on duty time before the 8 hour break = 6 hours remaining). The driver used up 2 of those hours driving between 2:00 a.m. and 4:00 a.m., leaving 4 hours before the 14 hour limit expires. By switching into the sleeper berth for 2 additional hours, a split sleeper berth provision was completed (8 hours off duty followed by 2 hours off duty). At that point, we can simply subtract the 2 hours of drive time and the 2 hours of sleeper berth time from our new 14 hour limit for a total of 10 hours remaining beginning at 6:00 a.m. Since the driver went back into the sleeper berth exactly 10 hours later at 4:00 p.m., no violation occurred.