Changes to hours of service have been implemented in September of 2020. Included in these changes were adjustments to the Split-Sleeper Berth provision. Below is a quick overview of the change. A blog post has also been created explaining the Split-Sleeper Berth Exception written by J. J. Keller's regulatory experts.
|Provision||Old Rule||New Rule||What this means....|
|Split-Sleeper Provision (395.1(g)(1))||
Drivers must spend at least 8 hours in a sleeper berth, plus another break to reach 10 hours total. The shorter of the two breaks counts against the daily 14 hour limit.
|Drivers must spend at least 7 hours in sleeper berth, plus another break to reach 10 hours total. Neither rest period counts against the 14 hour limit.||Instead of doing a 8/2 split, drivers will be able to do a 7/3 split. Additionally, their on duty clocks will not be impacted during their shorter break. The 11 hour driving clock is not impacted.|
Drivers of property-carrying Commercial Motor Vehicles (CMVs) may accumulate the equivalent of 10 consecutive hours off duty by taking two periods of rest, provided that:
- One of the periods is at least 7 consecutive hours in the sleeper berth;
- The remaining hours (minimum of 2 hours, taken either before or after the 7-hour period) is spent either off duty, in sleeper berth, or any combination of the two.
- Driving time in the period immediately before and after each rest period, when added together, does not exceed 11 hours; and
- Compliance with the 14-hour rule is calculated from the end of the first of the two qualifying rest periods.
Drivers of passenger carrying vehicles may split their required 8-hour rest period into two separate periods, provided that:
- The two rest periods are spent entirely in the sleeper berth;
- Neither rest period is less than 2 hours;
- Driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours; and
- The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving after the 15th hour.
The update to this provision has been updated in the most recent version in the Encompass® ELD application. To use the functionality, drivers do not need to do anything additional to apply the provision to their log - simply take the necessary time off-duty and in the sleeper berth and the application will automatically apply the time.
Frequently Asked Questions
The update to the Split-Sleeper Provision indicates both breaks pause the 14-hour daily on-duty clock. Why isn't Encompass® ELD pausing my clock when I take the 3 hour break?
The only time a 3 hour period of off duty time stops the daily on-duty clock is when split-sleeper is being utilized. If the 3 hour period of off-duty is taken first, the application cannot predict that the remaining 7 hours are going to be satisfied at a later time. Therefore, the 3 hour period will count towards the 14 hour clock until the remainder of the split-sleeper breaks are successfully completed.
How do I enable the Split-Sleeper option for my drivers?
The split-sleeper provision is enabled by default and coded into the Encompass® ELD application. There is no setup needed.
How does my driver use Split-Sleeper in the Encompass® ELD application?
The drivers simply take the breaks in accordance to the provision.
Are there maximum hour limits on either the 7 hour or the 3 hour break?
No. In the previous version of the provision prior to September 2020, the 8 hour break in the sleeper berth had a maximum of 10 hours. That 'maximum hour' stipulation has been removed. This means that if a driver takes a 10 your sleeper break to reset their daily on duty clock, and takes an additional break of at least 2 hours later, the split-sleeper provision applies and the driver will see additional time added to their clocks. Since the 10 hours in the sleeper already reset their clocks at the end of the first break, they'll simply get the time back from their 2+ hour break they took later in the day.
My driver took 10 hours in the sleeper berth and then took a break later in the day. Why were they granted additional hours after their 2nd break?
This is likely because the second break the driver took was longer than 2 hours. Since there are no more maximum limits to neither of the qualifying breaks, the 10+ hours in the sleeper not only resets the daily clocks, but can be a part of the split-sleeper provision usage. Since their clocks already reset retroactive to the end of their first qualifying break, the time the driver gets back is simply the time 'paused' during their 2nd break.