How Are They Going to Enforce the 30 Minute Break?

[ATeam]

Diane and I were talking today about the new 30 minute break rule that will go into effect on July 1; specifically about how our driving routine may change as a result of this rule. She asked a very interesting question:

How are they going to enforce it?

How will a DOT officer even determine if you are in violation of this new rule?

We are putting little thought into this because we will not likely be in the business when the new rule goes into effect, but it is an interesting question. For those of you who will be operating under this new rule, what is your answer?

 

[zorry]

I imagine our Clink/E Logs will notify us of an impending violation when the time comes.
I would expect more random "Let's see yer book" when rolling through the scale.
If it's there, and logged, you're good to go.
Otherwise, C'mon in and set a spell.

 

[moose]

in the beginning they simply wont know a log book violation of the new rules from a 3 legged dog.
simply because they are not train to detect. CVSA, the "something"* in-charge of training LEO's simply told the court and FMCSA they will not be able to train their roadside inspectors and asked for a delay. FMCSA & the court ignored it, there for many truckers will be given a ticket just because the officer fail to understands the new rules.
*(please enter an out law organization of your choice, it's NOT a Gov. thing)

 

[zorry]

It will hurt the Heavy Haulers who may start out the day with less than 11 hrs of daylight.

 

[zorry]

Does it take a lot if training to learn 30 minutes must be logged off duty in the first 8 hours of driving ?

 

[Jenny]

From the manual thing I saw with the new hos options on the qc with e logs, there will now be a graph in the summary section showing how long until you need to take your break, and will warn you, as it does when you are almost out of hours of driving time. It will also keep track of if you took your break. I also saw the option of if your carrier has it enabled, for haz loads to take the break on duty.

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[ATeam]

You folks are talking about making your EOBR look right to a scale cop, but how will a scale cop know that you actually complied with the rule? For that matter, what is it exactly that we are supposed to be doing or not doing in that 30 minutes?

 

[moose]

Jenny, i don't know about Q.C, but P.N have a built in biting warning.
one hour before your break it will realest a mosquito that will bite you.
if ignored it will realest the Bee 15 minutes later.
then comes the scorpion.
then the snake.
if all ignored then one minutes before your time is up, it will start sounding :https://soundcloud.com/whitehouse/president-obama-delivers-the
if that's won't make a driver poled over LOL then nothing will...

 

[moose]

You folks are talking about making your EOBR look right to a scale cop, but how will a scale cop know that you actually complied with the rule?

you are correct, CVSA openly claimed they have no way of training all of their LEO's about EVERY single device out there. they will simply won't know, and we, the drivers will have to educate them on our specific units.
for that matter, the new EOBR rule mandated under map21 is also VERY complicated on the technical side, as the FMCSA needs to come up with a rule making that makes guidelines for E-logs manufacturer of how their device should looks like.

For that matter, what is it exactly that we are supposed to be doing

everything but line 3 or 3

or not doing in that 30 minutes?

line 3 or 4.

 

[Rocketman]

You folks are talking about making your EOBR look right to a scale cop, but how will a scale cop know that you actually complied with the rule? For that matter, what is it exactly that we are supposed to be doing or not doing in that 30 minutes?

I suspect that the DOT will enforce it the same way that they enforce paper logs. If your logs look good and the break is shown, you'll be good to go. The problem will surface in the event of an accident. The lawyers and accident investigators will be the people who find out whether you actually took the break...or not. I don't recall "off duty" being redefined, so I would think that anything that was considered a legal break before the new rules will be a legal break after the new rules. The only difference would be whatever tweaks they have made...or need to make...concerning special shipments (ddp, hazmat, a&e, etc.)

??

 

[ATeam]

The problem will surface in the event of an accident. The lawyers and accident investigators will be the people who find out whether you actually took the break...or not.

That's kind of the point I was raising. In today's surveillance society, if you show a proper 30 minute break but it later surfaces and is proven by a cell phone log, Facebook post or video footage from wherever you were parked that you were talking to dispatch in that time about your load or washing the love bugs off your windshield, you become a log book liar and loser in court.

 

[Rocketman]

That's kind of the point I was raising. In today's surveillance society, if you show a proper 30 minute break but it later surfaces and is proven by a cell phone log or Facebook page that you were talking to dispatch in that time about your load or washing the love bugs off your windshield, you become a log book liar and loser in court.

Agreed...but basicly no difference than now. When it gets in court, your chances of being perfectly, technically legal are pretty slim...imo.

 

[moose]

the HOS do not require a driver to sleep. it require a driver to have the opportunity to rest.
it is a misconception that drivers are not allowed to choose what to do with their own time.
there's not even ONE professional driver reading this posts, that goe's on line 4 every time he communicate about work.
not even one court ruled that drivers are in violation of HOS for talking on the phone, or going online while on line 3 or 4.
we are not robots...yet.

 

[Missie600]

WOW! I really think you guys are making a big deal out of nothing!

During a 10-11 drive I will generally stop once or twice for a bathroom break and get coffee. Sometimes I just need to get out of the truck because I am feeling drowsy. If it is daylight, I might walk at a rest area. This generally takes 15 minutes or so. On my first stop I will just park and add 15 minutes to that off time. All you have to do is select off duty on your status. Nothing more.

Seriously, you guys are making me crazy! Your EOBR will not let you cheat and be off duty and drive at the same time.

None of us like change. If we worked in an office, we would be delighted that we were required to take a break. Take a deep breath and relax!

 

[zorry]

WOW! I really think you guys are making a big deal out of nothing!/QUOTE]

if people didn't do that, it'd be a pretty skimpy forum.

 

[blackpup]

Some thing else to consider, is the end result of all these new regulations , and where will they stop.

jimmy

 

[aquitted]

Trucking is getting way too regulated for the little bit of money it pays I think it's time to move on to something else like selling time share or vinyl siding.

 

[zorry]

Trucking is getting way too regulated for the little bit of money it pays I think it's time to move on to something else like selling time share or vinyl siding.

Would you really want to go into a higher tax bracket ?

 

[TropixBum]

Father law was stopped to have his book looked at. Officer said to him his 1/2 he took for fuel was good enough for a break. Just adding my 2 cents.

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[BigCat]

Father law was stopped to have his book looked at. Officer said to him his 1/2 he took for fuel was good enough for a break. Just adding my 2 cents.

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Why would they be looking at his book for a break? I thought this didn't go in to effect until July?