Split Sleeper Berth- New 3/7 Rule
I have been having many discussions pertaining to the new Split-Berth rules lately. It seems, the regulation was written in a very “unclear” (go figure, huh?) manner. This (obviously) creates “mass confusion” across the entire industry. One thing that I have noticed, is that NOBODY (Carriers, FMCSA, Drivers or Inspectors) is looking at the new provisions, for “what they were truly intended for.” Every article or post describes the new provision as “a modification of the (traditional) 8/2-Split.” In actuality, the new rules in an “Over-Simplified Definition” The “Old” 8/2 split was designed to allow the driver to “start their shift” slightly earlier, then “make-up” the remainder of the required Off Duty Time later. Believe it or not, the new 3/7 Rule (notice that I reference the ‘3’ first) is designed to do the opposite. The 8/2 is built to impact the “reset time.” While the 3/7 is built to impact the “14-Hour Driving Window.” The whole purpose of these recent changes is all centered around the 14-Hour Window. While the entire industry incorrectly refers to the “14” as “a clock” and works to create a “pause button”, this has become what this change is being “sold as.” The “14” is (and always has been) a WINDOW. The true intention of “3-hours in Sleeper” is to “extend the 14-hour window.” This means, in order to utilize the new Split Berth correctly, “3-hours in Sleeper” should come first. I always recommend “adding some sort of annotation to each portion of the Split Berth” as well. This will leave no question, as to “whether or not, the driver is actually utilizing the Split Berth.” To add additional step, a driver can reference whatever time was available, prior to placing themselves in the initial status (this will be, what you have available once after 3 hours in Sleeper has been completed). Then annotate “the exact time, your shift will actually end). Although CyntrX is working on developing a feature, the “available time” shown on any ELD Platform will not display your actual “time remaining” until you have completely satisfied, “the second leg” of your required Off Duty Time.
-Dylan Williams
Compliance Specialist II