Wednesday, October 15, 2014

REQUIRED 30-MINUTE BREAKS

The question was originally asked if the 30 minute break could be broken in to two breaks.  The answer clearly is NO.

That started quite the discussion regarding the break.  Here was my answer that I contributed to the explanation.

*Here on this website,
http://www.fmcsa.dot.gov/regulations/hours-of-service it clearly says
The new provisions that took effect in July 2013:
 •Require truck drivers to take a 30-minute break during the first eight hours of a shift.
Dig a little deeper in to that website and I found this:
https://cms.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
Rest Breaks
 May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes. Does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]

*Well, here is EXACTLY what the FMCSR says about rest breaks.  This is taken directly from the book, Section 395.3 (3 ii)  "REST BREAKS -  After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes".  Guess, we need to interpret what the Federal Motor Carriers Safety Regulations book says, right?  (that's when I began digging more because I found that I was starting to confuse myself on the regulations....I can't have that happen at all.)

I copied that paragraph word for word...I will be doing more research for the exact answer because that description really didn't make any sense at all.  I even looked in to the DOT interpretations and it didn't really give any at all.

*Nope...the break must be taken all at once.  You start your shift, then 3 hours later you are eligible to take a 30 minute break (don't take it before 3 hours), but you must take that break prior to your first 8 hours on shift (don't wait too long otherwise you'll be in violation).   I usually take mine at about the 7th hour.  Then it doesn't look like I have so long of a day afterwards to work.

*The 30-minute break requirement may look vague in the FMCSR book, but when you read it closely, it makes a lot of sense.

*Read the regulations carefully....here is exactly the interpretation. You have just completed your 10 hour break. You "clock in" to start your 14 hour day. So, lets say, 2 hours later, you take a "break". That's okay. ****However, here's the deal.***** The regulations clearly state, "that you must take a 30 minute break prior to completing 8 hours of work since your last break." So, what this means is, you've worked 2 hours, then took a break. You basically have 9 hours left to drive on your 11, right? NINE HOURS!!! Key word. That means that you have to take another 30 minute break prior to that 8th hour. Now you've forced yourself to sit for 1 hour. So here's what you do. Work for at LEAST 3 hours. That leaves you 8 hours on your 11. Now you can take that 30 minute break....just one break....and you're good to go for the rest of your 11 hour driving day. Make sense?

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