Originally Posted by
Cujo665
No, it says you must have had the opportunity. How do you have an 8 hour sleep opportunity in the 10 hours before going on duty if you drive over 2 hours to work? If you drive/commute over 2 hours then you didn’t get 8 hours opportunity.
Look, if you went to the hotel and the van broke down enroute and by the time you got to the hotel there wasn’t an 8 hour sleep opportunity you’d notify the company that while you had 10 hours, you didn’t get 8 hours of sleep opportunity and the start of the FDP needs to be delayed to allow for the legal rest.
Show me where in the regulation that same requirement for reporting for duty does not also apply on day 1
Show me where it says that the sleep opportunity has to be in the 10 hours immediately prior to duty. It only says that you need a minimum of 10 hours with an 8 hour sleep opportunity inside it. If you have a 30 hour time free from duty, you still are only (legally) required to have had an opportunity for 8 hours sleep opportunity inside there.
Additionally, the sleep opportunity is that the opportunity is available to you, not that you took it. You are free to leave the hotel all you want during that time if it's on your own choice.
But most importantly, and why I'm going to say it again, the sleep opportunity does not have to be within the 10 hours immediately prior to your report and it does not say that in the regulations in any way shape or form. Just because you think it would have been a good idea or something may be prudent does not make it legally binding.