Question:
1212Day 1
Day 2
There is a 30 minute break violation on Day 1 which occurred from 6:00 p.m. to 7:00 p.m. Then, on Day 2, there is another 30 minute break violation from 4:00 p.m. until 9:00 p.m. as well as an 11 hour rule violation from 4:00 p.m. - 9:00 p.m. and a 14 hour rule violation from 7:00 p.m. - 9:00 p.m.
- 11 Hour Limit: After 10 consecutive hours off duty, the driver had 11 hours of driving time available at 10:00 a.m. on Day 1. After driving 8 hours (3 + 2 + 3), the driver took 8 consecutive hours in the sleeper berth, which, combined with the earlier 2 consecutive hours in the sleeper from 5:00 p.m. to 7:00 p.m. on Day 1, made the driver eligible for the split sleeper berth provision. This moves the 11 hour calculation point to the end of the first of the two qualifying breaks, or 9:00 p.m. on Day 1. Between 9:00 p.m. on Day 1 and 8:00 a.m. on Day 2, the driver had 3 hours of driving, so at 8:00 a.m. there were 8 hours remaining (11 - 3), but he or she continued to drive for an additional 5 hours, after reaching the 11 hour limit at 4:00 p.m.
- 30 Minute Break: On Day 1, the driver remained on duty for more than 8 consecutive hours. While remaining on duty for longer than 8 consecutive hours is perfectly legal, the driver may not operate a CMV after being on duty for more than 8 consecutive hours unless a 30 minute break is taken. In the Day 1 example, the driver didn't meet that requirement until being on duty for 9 hours (1 hour beyond the limit), thereby violating the 30 minute break provision from 6:00 p.m. to 7:00 p.m. The driver also failed to take a 30 minute break on Day 2. Since the driver was on duty (driving) for more than 8 hours beginning at 4:00 p.m., all drive time after 4:00 p.m. was in violation of the 30 minute break provision.
- 14 Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 10:00 a.m. on Day 1. The driver reached the 14 hour limit at midnight (the 2 hour sleeper berth period is included in the 14 hour calculation because it is less than 8 hours). The driver then entered the sleeper berth for 8 consecutive hours and took advantage of the split sleeper berth provision. This moves the 14 hour calculation point to 9:00 p.m. on Day 1, the end of the first of the two qualifying breaks. Counting forward from there (and excluding the 8-hour sleeper period), the driver had 11 hours remaining as of 8:00 a.m. on Day 2. Those 11 hours were used up by 7:00 pm.
Comments