Log Question

Discussion in 'Experienced Truckers' Advice' started by Big Ole Bear, Feb 28, 2015.

  1. Big Ole Bear

    Big Ole Bear Light Load Member

    Personally im a 20 year vet and never heard of this BUT>>>>>
    {and no it wasnt me}

    Driver does pretrip flagged at 2330 and begins to drive.
    At 0100 is pulled into weigh station for over weight on drives by 1200 lbs.
    Get citation for 1200 over on drives AND ALSO citation for previous days log not signed.
    DOT told driver they were required to pull over after mid night to sign log.

    Now IMO a driver should catch up log at first change of duty status after midnight.

    Who is right here?
     
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  3. JJKid

    JJKid Medium Load Member

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    YOU are right.

    Driver shuld catch up log at first change of duty status.

    Something is wrong here. but then again, DOT discretion? It just doesnt make any sense... I cant really wrap my head around this one. Something must of happened.. or this DOT Officer was just a complete douche. I would say this is a fightable violation in DataQ IF thats actually what happened.............BTW. I sign my log the moment I start. Never been hassled for it and I've been in my DOT inspections before.
     
  4. KW Cajun

    KW Cajun Road Train Member

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    The way I see it (and backed up by FMCSA regs) is the driver has until the first/next change of duty status to log that 2330 hrs to 2400 hrs.
    So you are correct, however this nit-pick added citation makes me wonder if it was purely due to a perceived or real attitude from the driver on the stop.

    Anyhow, here's an excerpt from the regs (Full reg link below, also):
    (f) The driver's activities shall be recorded in accordance with the following provisions:
    (1) Entries to be current. Drivers shall keep their records of duty status current to the time shown for the last change of duty status.

    § 395.8: Driver's record of duty status.

    The DOT saying "he's required to pull over after midnite to log & sign it" is the most moronic thing I've ever heard.
    Does he expect every truck to take the shoulder and stop in an unsafe roadside fashion at 12:01 am,, or if not,, will he find it 'allowable' for them to reach the next safe exit, which may be 30 miles or more away? Idiotic...
     
    Last edited: Feb 28, 2015
  5. not4hire

    not4hire Road Train Member

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    Part 395
    HOURS OF SERVICE OF DRIVERS

    § 395.8: Driver's record of duty status.

    Guidance

    Question 24: When must a driver complete the signature/certification of the driver’s record of duty status?

    Guidance:
    In general, the driver must sign the record of duty status immediately after all required entries have been made for the 24-hour period. However, if the driver is driving at the end of the 24-hour period, he/she must sign during the next stop. A driver may also sign the record of duty status upon going off duty if he/she expects to remain off duty until the end of the 24-hour period.

    http://www.fmcsa.dot.gov/regulations/title49/section/395.8?guidance


    There are no regulations requiring the driver to stop in order to sign their log. The person at the scale was an idiot and they need to be told so. What do they think, that all trucks on the road are just going to pull over on the Interstate to sign their log at midnight? What a fool.
     
  6. Mark Kling

    Mark Kling Technology Contributor

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    But, he would have gone from line 3 to line 4 while waiting for the citation to be written which would have put him on the next change of duty status. Agree DOT should have let him drop to line 4 and then update prior days logs to finish them out.
     
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  7. jbourque

    jbourque Heavy Load Member

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    your dot man should have payed a little better attention in dot school. it clearly states at the next change of duty,you should not been cited further more if he was so worried about a signed log he should have let you sign your log on the spot because hauling you in was a change of duty status. i can not recall any place in the regs that says at 1201 midnight you have to pull over and start a new day.also your log is not a legal document until it is signed. guys like that give all the other dot officers a bad name. hope it works out ok for you
     
  8. JJKid

    JJKid Medium Load Member

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    that's what im saying. there has to be more to this story but oh well. if this is actually what happened, this can be fought in dataq.....100%.
     
  9. bigdogpile

    bigdogpile Road Train Member

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    I had a DOT dude give me a ticket saying my "low air pressure light and buzzer must both be operational..I think he was wrong..if the FMCSA book says it is one or the other that must be operational.
     
  10. jbourque

    jbourque Heavy Load Member

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    jjkid that was my first thoughts more to the story, but if you read closely there is know malice in the post. sometimes people are just plain mean for know other reason other than just because they can. in the old days it was no big deal but now in the computer age it will follow the driver around for years. b safe out there
     
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