westmicher
Veteran Expediter
When exactly does the DOT (or other law enforcement) get picky about real separation of living quarters from cargo area? Is it based on GVW? Is it based on type of vehicle? What is the actual law?
What is the rule on living quarters separation?
- Thread starter westmicher
- Start date
60MPH
Expert Expediter
Well to be safe I would say if you are going to use line 2 on your log book then you must have a DOT approved sleeper on the truck. It must have a wall separating you from the cargo area. Look it up in the reg book, it gives you the minimum size required.
Using line 1 will get you a lot of different answers, if you are going to be doing this full time OTR then you need a approved sleeper if you fit in the regulations of what a regulated vehicle is. Over 10k GVW, haul placarded haz-mat, etc.
If you are in a van then no sleeper is required unless you are hauling placarded haz-mat most of the time, and that is really so you can make use of line 2 on the log book. SOME haz-mat can't be hauled in a van even with a sleeper due to inhalation and other dangers, it must be transported in a truck with a separated cargo box. Poison gas comes to mind here
Using line 1 will get you a lot of different answers, if you are going to be doing this full time OTR then you need a approved sleeper if you fit in the regulations of what a regulated vehicle is. Over 10k GVW, haul placarded haz-mat, etc.
If you are in a van then no sleeper is required unless you are hauling placarded haz-mat most of the time, and that is really so you can make use of line 2 on the log book. SOME haz-mat can't be hauled in a van even with a sleeper due to inhalation and other dangers, it must be transported in a truck with a separated cargo box. Poison gas comes to mind here
chefdennis
Veteran Expediter
Under 10,001 gvw units are not regulated by the DOT, so there is no such thing as a DOT approved sleeper for a van.....Some companies may want a bunkhead to seperate the freight area from the "sleeper / personal" area but there is no Fed Regulation or defintion...
westmicher
Veteran Expediter
What about the Unicell Classic Cube or the Areocell or some of those Penske box trucks or even the Sprinter 3500 with 11,030 lbs GVW? Is there a CLEAR regulation regarding them? Or is it just opinion?
chefdennis
Veteran Expediter
Over 10.001 gvw, then the DOT regulations for sleepers would apply...not opinion, but the actual written regulations...it doesn't matter how much over 10,000, just that it is over....
60MPH
Expert Expediter
With that GVW you will be logging, and a DOT approved sleeper will be required if you use line 2 on the log book. In the reg book it gives you the definition of what a approved sleeper berth is. As a matter of fact I have seen it posted on this site in other threads. Over 10k gvw and you are regulated if you are using it in interstate commerce.
As for the other comments about there being no approved sleeper in a VAN, that is correct. BUT I know of 4 units on with Landstar that run teams in cube vans with 11-12k GVW's and they have a DOT approved sleeper in there trucks and they log and legally use line 2 on there log books and have been for many years. They move a lot of DOD loads and make good money to do so.
Stick with a under 10k unit if you don't want to build a DOT approved sleeper berth. If you haul placarded haz-mat DO NOT use line 2 on the log book if you do not have a approved sleeper.
The only actual law concerning this is "A sleeper berth must not be installed in or on a semitrailer or a full trailer other than a house trailer."When exactly does the DOT (or other law enforcement) get picky about real separation of living quarters from cargo area? Is it based on GVW? Is it based on type of vehicle? What is the actual law?
Other than that, living quarters and cargo area can be one in the same. Even a tractor trailer can haul freight in the cab or sleeper area of the tractor, if the driver so chooses. The only limitation is, as has already been stated, certain types of HAZMAT which is explicitly prohibited from being hauled in the cab or sleeper compartment, and must be physically separated from the driver (poisons, inhalation hazards, a few others).
A bulkhead in a van, sealed or not, is not required, nor will it help if you fail to secure a couple thousand pounds of freight. It will also not qualify you as being physically separated from prohibited in-cab HAZMAT.
greg334
Veteran Expediter
When you are using line 2 and not have a sleeper. I've had a DOT officer measure my bed before and they commented on the melted and burnt plastic on the aluminum frame where the cheap sleeper manufacturer used house wiring and didn't debur the holes they ran it through but other than that, it is the line 2 thing that will trigger a concern.
10,001 and above ... unfortunately. I think vans should have sleepers (legal) too but hey I'm poking fun at vanners.
Any commercial vehicle - state may have different regs so if your state doesn't follow the FMCSA regs, then you have to do with them.
What is the actual law?
393.76 - Sleeper Berths it is in the green book around page 565 or something like that.
393.76 (b)2 - A sleeper berth located within the cargo space of a motor vehicle must be securely compartmentalized from the remainder of the cargo space. A sleeper berth installed on or after January 1, 1953 must be located in the cab or immediately adjacent to the cab and must be securely fixed with relation to the cab.
This is the part you need to be concerned about. The problem is that safety comes into play with the bulkhead that is needed to protect the occupants of the sleeper. Once, a long time ago I was working with a box manufacturer who showed me what was needed to build a secure sleeper in a box, it wasn't easy but it was safe for loads up to 12k. It was basically a cage that the sleeper was built into, the cost was about 3k if I remember right and it would have passed the DOT's tests.
By the by, there are a couple people out on the road who have built their own sleeper by using a smaller box (drom) for the sleeper in front of a larger one for cargo. Odd setup but it seems to work for them.