May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time?
Hours of Service Maximum Driving Time
§395.3 Maximum driving time for property-carrying vehicles.
Guidance Q&A
Question 9: May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time?
Guidance: The FMCSA believes the time drivers spend resting or sleeping in the motor homes while stopped or parked (e.g., at a rest area or parking lot) could be considered off-duty time. Drivers may take at least 10 consecutive hours off-duty for the purpose of obtaining restorative sleep. The driver may also take less than 10 hours off-duty and take a nap. This time would not count toward the required 10 consecutive hours off-duty. There are certain conditions which must be met in order for this time (less than 10 consecutive hours) to qualify as off-duty time.
1. |
The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. |
2. |
The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a commercial motor vehicle will be significantly reduced. |
3. |
During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated. |