Need advice - HOS logging during DOT inspection?

Discussion in 'Experienced Truckers' Advice' started by AM77, Oct 2, 2012.

  1. AM77

    AM77 Light Load Member

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    Ok here is what happened. My brother was driving down SR59 in TX towards Houston. He had little over an hour left on log book and some 40 miles to destination. Got pulled over on the scales and trooper did walk around inspection which went ok. Than he asked him for all paperwork and logs, while trying to pull up his MC number on computer which took him awhile to get. This whole ordeal took over an hour and once it was all done, trooper asked him to update his log book up to current time while sitting with him .
    Well guess what happened next? He was put out of service and issued a ticket for being 10 minutes over hours which were used up while trooper was taking his time to complete inspection.
    Does anyone have any advice on how to fight this incident?
    Thanks in advance
     
  2. Dinomite

    Dinomite Road Train Member

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    He should of been on. On duty not driving while being DOT'ed. Now if his 14 hrs ran out. He could not leave the scale. Because it say's you can't Drive past your 14. But nothing about working on duty not driving. So Something doesn't seem right. What might of happen. He didn't have his log book up to date for awhile and that is why he was shut down. Texas bears are pretty knowledgeable. So I doubt if he got in trouble from what you are saying. What also could of happen is when he updated his log book he forgot that he started 10 or 20 mins earlier then what he thought, and was 2 nervous and didn't fix it.
     
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  3. Mark Kling

    Mark Kling Technology Contributor

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    He should have been on line 4 (On Duty) during this entire time. If on line 4 you can work over the 14 hours so long as you do not go to line 3 (driving). He would have had to shut down for his DOT break at the scales.

    Once the inspection was done he should go to line 1 or line 2, complete a 10 hour DOT break from the time he stopped working on Line 4.

    http://www.fmcsa.dot.gov/rules-regulations/topics/hos/hos-logbook-examples.htm
     
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  4. AM77

    AM77 Light Load Member

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    His logs were up to date from where he started driving. He did use inspection time on line 4. Trooper didn't let him shut down at scales and instead after issuing him ticket told him to go down the road and park somewhere else, but not to go past some town which was few miles down the road.
     
  5. Iceman72475

    Iceman72475 Bobtail Member

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    what dinomite and cc are saying is true. you have 11 hours to drive in a 14 hour day. as long as you are not driving past your 14th hour you are legal. you can work 16 or 18 hours as long as you have a 10 hour break before you drive.
     
  6. ewill71

    ewill71 Heavy Load Member

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    These guys are right, The officer sshould have told him to shut it down there at the scales. His paperwork must have been messed up for this to occur. If the officer told him to keep driving after he got the ticket that could be enough to get someones attention. It doesnt make sense he was OS by the DOT at the scales and told to keep driving on.
     
  7. Iceman72475

    Iceman72475 Bobtail Member

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    thats a gray area, if you are over your 14th hour and a trooper tells you to move you should call your log department and tell them whats up. my company has told me in that situation they would call a tow truck and tow me to a safe heaven. your brother isn't the first person to get a ticket because he didn't know the law. he didn't do anything wrong. the sad thing is the trooper is always wright even if you in the right
     
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  8. AM77

    AM77 Light Load Member

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    ewill, he was stopped somewhere around Diboll and told not to go past Livingston which is around 30 miles. According to him, cop was rude from the time he stopped him.
     
  9. Ukumfe

    Ukumfe Medium Load Member

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    Sure it does, not every scale has room for parking. Some scales are located in residential areas and they ( the residents ) don't want trucks idling all night, thus you go to the nearest safe haven. No different than if you had been held up at a shipper with no room to park. Gotta do what ya gotta do.


    There has to be more to the story if a ticket and an OOS was involved.
     
  10. Autocar

    Autocar Road Train Member

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    Safe havens are far and few between and are not for parking, when you run out of driving time. They are expressly for the parking of vehicles transporting 1.1, 1.2 and 1.3 explosives.
     
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