The DOT FMCSA has established hours of service (HOS) sleeper berth rule that combines well with its daily and weekly hours of service restrictions. 

Although they aim to separate sleeping and driving times to promote safety, some are unsure how they work. This often leads to commercial drivers getting HOS sleeper berth rule violations. 

These HOS Rules are slightly different for property carriers and passenger carriers. In this blog post, we will clarify the difference and how each should be applied for the greatest road safety and to keep drivers from career-threatening violations.

Property Carrying Commercial Drivers’ HOS & Sleeper Berth Rules

With only a few exceptions, such as adverse driving conditions, property carriers are only allowed to drive a maximum of eleven hours before they must take a mandatory ten consecutive hours off duty. 

However, that time can be extended up to 14 hours depending on how the driver schedules their “mandatory 30-minute break,” adverse driving condition extensions, and sleeper berths. Some commercial drivers have said the new HOS rules will allow a driver to work for seventeen hours while only getting paid for eleven hours of actual driving.

Speaking of the mandatory 30-minute break, a driver must take that 30-minute break within or at the eighth cumulative hour without an interruption of at least 30 minutes. 

That break can be as off-duty (meaning no driving or work-related activities), on-duty not driving (meaning the driver may check cargo, do a vehicle inspection or walk-around), in a sleeper berth status, or any combination of those statuses may be satisfied by any non-driving period of 30 consecutive minutes.

However, while taking their break, they may not drive, even to move the vehicle, because a law enforcement or safety officer made them move it. If that occurs, the driver must restart their 30-minute break period. 

Commercial drivers can extend the maximum 11-hour limit for driving and the 14-hour working/driving window for up to two hours due to adverse driving conditions. 

These “adverse driving conditions” should not be something that could have been planned around. Such as, when a winter snow warning is in effect for an area, the driver should not attempt to drive as far as possible before pulling over to rest and wait out the adverse conditions. 

Commercial drivers cannot drive after a consecutive seven or eight-day period of 60 or 70 hours. Therefore, if the driver has driven 60 hours within seven days, the must take a full 34 consecutive hours off-duty. The same is true for 70 hours out of an eight-day period. 

Perhaps the most complicated HOS rule is the sleeper berth rule. Commercial drivers can split their mandatory ten-hours off-duty into sleeper berth status. They need not stay in the sleeper for the entire period. 

This distinction allows the driver to go for food or drinks, but their sleeper berth period cannot be less than two hours, and the other must include a minimum of seven consecutive hours. Each pairing must equal a combined ten-hour minimum. 

When the driver uses the sleeper berth, neither berth can count against the 14 hours of driving/working time. The driver is advised to manually change the Record of Duty Status (RODS) if they keep the engine running during a sleeper berth to prevent going over the HOS driving time. 

Passenger Carrying Commercial Drivers’ HOS & Sleeper Berth Rules

Instead of eleven and ten hours, the passenger-carrier must observe a maximum of ten hours driving and eight hours off-duty.

The passenger-carrier must not drive after the 15-hour driving/work status without eight consecutive hours off-duty. 

There is no mandatory 30-minute break for passenger carriers.

However, the same 60/70 hour limits for property carriers apply to passenger carriers. 

The HOS sleeper berth rules are basically the same for passenger carriers as they are for property carriers, mirroring driving/work times. A passenger carrier can split their sleeper berth times into two periods. Neither period can be less than two hours, and combined, they must total at least eight hours.

Passenger carriers can extend their driving/work schedule for up to two hours due to adverse driving conditions. From a maximum of ten hours to twelve, and their maximum on-duty limit goes up to seventeen when the extension is used. 

What to Do When a Mistake Occurs?

When drivers mistakenly drive without changing their RODS from on-duty driving to sleeper berth, they should contact fleet HQs to coordinate a status change. An independent driver should make notes in the electronic logging device or ELD. 

Contact Bigger & Harman When Charged with a Misuse of HOS Sleeper Berth Rules 

Everyone makes mistakes. When you make a mistake applying the HOS sleeper berth rules, coordinate with fleet HQ to fix the issue. If you are cited before you can fix the mistake, and face a ticket in Placerville Courthouse in El Dorado County, contact Bigger & Harman, APC, at (661) 349-9300.

We are your trusted advocate when it comes to commercial driver violations and can assist you to resolve any traffic tickets. 

To contact us, use our online contact form or email us at attorney@biggerharmanlaw.com. 

Se habla Español (661) 349-9755.

Download our e-book, Protecting Your Commercial Driver License.

References:

The DOT FMCSA Summary of Hours of Service (HOS) Regulations.

The DMV Portal CA Commercial Driver Handbook.