HOS -WHEN TO TAKE MY 30MINS

Hey Everyone,

I'm being told at work that I must take my 30-min break between certain hours of driving, i.e., between the 5th and 7th hour, or something like that.

Is this true?

I thought, as long as I took my break before the 8th hour started, WHEN I took it was at my discretion.

I can neither find this supposed prevision or amendment in my FMCSR nor on the DOT website.

To keep it simple, I make no stops along the way for delivery, etc. I just drive, drop, and swap.

Please lemme know if this is true and where to find it written in the green book or on the DOT website.

Thanks.

-mountain girl

That is not in the regulations. It sounds more like a policy the company instituted to keep drivers who don't know what they're doing from messing up by taking it so early that they are forced to take another break, or from waiting so long that they can't find a place to park.

OS, thought you where going to bed...

Ha! I can never sleep when Mountain Girl needs my advice!

Good night now!

And by the way Bryn, it's nice to see you're paying attention!

To make it simple you have 11 hours total drive time and you must take a 30 min break by 8 hours being up. If you take your break before 3 hours; then, you will have to take a second 30 min break. The reason for the between 5 and 7 is just to make sure you don't require a 2nd 30 min break and to ensure you don't wear yourself thin.

I usually shoot for my break between 5 and 6 hour mark. That is halfway during my total available drive time. Then again I rarely have runs over 6 hrs straight. So a lot of times I use my down time at shipper/receivers to take care of my 30 min break.

Direct from FMSCA Interstate Truck Drivers Guide To Hours Of Service:

(pages 4/5)

Thirty Minute Break

The hours-of-service regulations require that if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-dutybreak of at least 30 minutes before driving. For example, if the driver started driving immediately after coming on duty, he or she could drive for 8 consecutive hours, take a half-hour break, and then drive another 3 hours for a total of 11 hours. In another example, this driver could drive for 3 hours, take a half-hour break, and then drive another 8 hours, for a total of 11 hours. Because of this short break provision, drivers are able to work 13.5 hours in the 14-hour period (if they are driving after the 8th hour on duty). The driver must be off duty for at least a half hour. Meal breaksor any other off-duty time of at least 30 minutes qualifies as a break. This time does count against the 14-hour driving window, as allowing off-duty time to extend the work day would allow drivers to drive long past the time when fatigue becomes extreme. In addition, FMCSA has also added an exception for drivers of commercial motor vehicles carrying Division 1.1, 1.2, or 1.3 explosives to allow them to count on-duty time spent attending the commercial motor vehicle , but doing no other on-duty work, towards the break. This 30-minute break is further explained in greater detail throughout this document, particularly as it relates to the 11-hour driving rule.

FMCSA does not enforce the 30-minute rest break provision [49 CFR 395.3(a)(3)(ii)] against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e) (1) or (2). Specifically, the following drivers are not subject to the 30-minute break requirement:

This exception (395.1(e)(1)) applies for any day in which a driver: • Drives within a 100 air-mile radius of his/her normal work reporting location;

• Returns to his/her work reporting location and is released within 12 consecutive hours; and

• Follows the 10-hour off-duty and 11-hour driving requirements for property-carrying CMVs.

Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2) are also exempt from the 30-minute rest break.

Entire Guidebook can be downloaded here:

23 Pages - lots of good info...

Hours Of Service PDF

Rick

But - in a nutshell (readers digest condensed version) - you cannot be "on duty" (driving or otherwise) for more than 8 hours continuous, without splitting it with a 1/2 hour break.

So say you drive for an hour from the TS to a receiver to do a drop and hook - they make you wait for an hour and you go off duty for that 1 hour, then go back on duty to do your drop/hook and start driving again. When you start driving you are in hour 2 of your 11 hours - with 10 hours left to drive on your 11 hour clock, and 12 hours left on your 14 hour clock (REMEMBER your 14 and it DIDN'T STOP when you went off duty for an hour) - You will have to stop again at some point and go off duty for 1/2 hour BEFORE you hit your 8th hour since you left the drop/hook.

Kinda confusing - but not REALLY.

Rick

That is not in the regulations. It sounds more like a policy the company instituted to keep drivers who don't know what they're doing from messing up by taking it so early that they are forced to take another break, or from waiting so long that they can't find a place to park.

-Old School

Ok. Cool.

Ha! I can never sleep when Mountain Girl needs my advice!

Good night now!

-Old School

Charmed, I'm sure! Thanks, OS.

Rick S.,

Thank you for all that. And I do get the whole log thing. YOU know I've been driving and "logging" for over two years.

I DO appreciate your description of how one might end up having to take a second 30 mins.

They've been telling me I'd get a ticket for this if a cop saw it because it was "amended that way and my doing so was a DOT violation."

It sounded so wrong, yanno?

Thank you, Gentlemen.

-mountain girl

Rick S.,

Thank you for all that. And I do get the whole log thing. YOU know I've been driving and "logging" for over two years.

I DO appreciate your description of how one might end up having to take a second 30 mins.

They've been telling me I'd get a ticket for this if a cop saw it because it was "amended that way and my doing so was a DOT violation."

It sounded so wrong, yanno?

Thank you, Gentlemen.

-mountain girl

I know you "get the whole log thing" - and I'm surprised the QC doesn't track this mandatory event also.

Most of the stuff in my first post - was for the benefit of folks that don't know how the "1/2 hour mandatory in 8 hour window" break works (remember - this board is read mostly by newbies).

Pretty much everyone takes a meal or bathroom break at some point in their 11 hour drive time. As long as it occurs past the 2.75 hour of driving mark in your day - and you log it as OFF DUTY - you can't screw it up too badly (aka: you will always be in compliance).

Rick