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Message: <blockquote data-quote="Maui" data-source="post: 3312284" data-attributes="member: 45037">My interpretation is the citing of the Brinker opinion which states that the law has no time requirement other than by the 5th hour. Unless another case is decided that imposes additional time requirements, then it is not my interpretation, but that of the Supreme Court of California.If there is no freight, no training, pre-trips completed, etc. there is no work duty. You think whatever you like, it matters not to me.I already stated my personal opinion, which is to use the 43; however, policy and most if not all state laws allow the break after the first hour (some states, like CA, do not have that restriction). Are you capable of separating what is allowed by law from someone's preferences? People here persist in error about what CAN be done.</blockquote>