New Entrant DOT audit logbook and IRP mileage questions

Discussion in 'Trucker Legal Advice' started by sbtm, Jan 7, 2013.

  1. sbtm

    sbtm Bobtail Member

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    Jan 7, 2013
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    I just got notification that we are to have our new entrant audit. We are a small business that needs to transport our equipment for select events across state lines. We have 2 F350's and 3 gooseneck trailers, every combination is over 26001 lbs. I have my class A license, and am the only one who hauls the trailers around. Other employees will drive the trucks around town the week of the event, but always no load.

    Should they have log books since they are on company business, over 10001 lbs, and more than 100 air miles from home?
    Since these do not exist... which is worse, making something up or just letting them know I didnt do it and I had a misunderstanding of the rules?

    Do I need daily mileage logs, or just when crossing from state to state (no IFTA--I just buy the fuel permit)?
     
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  3. Scalemaster

    Scalemaster Heavy Load Member

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    Loaded or empty, if the vehicle GVWR is over 10,000#, loaded or empty, the driver is under the Federal HOS rules and limits.

    If he operates over 100 air miles from home base, and does not get back home within 12 hours he has to keep a truckers log. Otherwise his time records can be kept at the yard.

    Honesty is always the best policy - don't make things up.
     
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  4. sbtm

    sbtm Bobtail Member

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    Jan 7, 2013
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    Thanks Scalemaster. Another question on the definition of "home base".

    We travel to Las Vegas from out of state. Once we are in Las Vegas, we stay at the same hotel for the entire week, and travel well within 100 miles from the hotel. Is the hotel considered "home base"?
     
  5. dibstr

    dibstr Road Train Member

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    I believe the Regs state "100 air-mile radius of the normal work reporting location" and I took the OP to be questioning whether or not the "normal work location" can be moved to a temporary location. Problem arise from time to time when the FMCSA produces brochures that do not use the exact wording of the regs. For instance the FMCSA produced the brochure/flyer "Interstate Truck Driver's Guide To Hours of Service" . Within the list of exceptions under the 100 AMR contained within this guide it states "Report and return to work reporting location within 12 consecutive hours", but does not state it has to be the "normal work reporting location.

    I know the regs rule, but producing and distributing misleading brochures can, concerning this question (As well as others) cause one to inadvertently be in violation. When one is, the response to questioning is usually that the regs rule, the brochure was just a general guide.



    Absolutely!

    Best regards
     
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  6. sbtm

    sbtm Bobtail Member

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    Jan 7, 2013
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    I will definitely ask for clarification at the audit.

    Most of the year I work from home (as does everyone with my company), just answering emails and doing planning, nothing to do with driving at all. We have 5 specific events, and for everyone except myself, their work starts when they get to that particular city.

    I understand how dangerous it is to drive while youre tired in any vehicle. I fell asleep at the wheel when I was 17, flipped my jeep 3 times at 75mph. Still thankful that I walked away with only a fat lip from the steering wheel.

    Thanks
     
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