FALSE LOG BOOK VIOLATION: Two Dates On One Page.

Discussion in 'Trucker Legal Advice' started by MHC, Mar 16, 2015.

  1. MHC

    MHC Light Load Member

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    My driver was put on a 10-hour Out-of-Service violation for putting two dates on one page of logbook detailing his 34-Hour restart. The break at issue involved three pages:


    • Page 1, dated 3/14/15: Started 34 hour break @ 7 PM in Mountain Home, ID (= 5 hours)
    • Page 2, dated 3/15 & 3/16: Off duty 24 hours (=24 hours)
    • Page 3, dated 3/16/15: Off duty 12 AM –5:15 AM in Mountain Home, ID (= 5 hours 15 mins.)
    Total Off Duty: 34 hours 15 minutes. View attachment Redacted Violation.pdf See attached (If I uploaded correctly).
    DRIVER ERROR: Dated Page 2 as 3/15 &3/16 (instead of single date).

    VIOLATION ISSUED READS: “False Log,3/16/15: one log page shows driver off duty 3/15 and 3/16. Another log page shows driver operating from Mountain Home ID on this date.”


    There was no intent on the part of the driver to color the books.
    Log Book clearly shows driver did 34 hour restart in Mountain Home ID.
    Driver's explanation is that double date intended to show dates 34-hour break involved. Driver said he actually overlooked including date of 3/14 - the date 34-hour break started. Had such been included, it would have compounded the violation. Driver said he has always documented his 34-hour breaks in this manner.
    Please provide input on degree of this violation, points against driver record, and how to dispute this when log-book lines are correct and there was no intent to falsify the reports.
     
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  3. Arkansas

    Arkansas Medium Load Member

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    I think that ticket was unjustified. I don't see where that would be a violation. If it is a violation anyone can see that it was an honest mistake. There's no way that would ever hold up in court. I'd contact OOIDA if I were you.
     
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  4. uncleal13

    uncleal13 Road Train Member

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    I put multiple dates on a single page only if I was off duty during those dates. Eg. Off duty for a weekend. So his page two you show there should only have had 3/15 on it.
     
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  5. Mark Kling

    Mark Kling Technology Contributor

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    he is show on 3/16 for 24 hours of Off Duty, yet page 3 shows him operating on 3/16 on line 3 or 4. On 3/16 did he drive after 5:15am?
     
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  6. scottied67

    scottied67 Road Train Member

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    Multi day/date logs are allowed if the duty status is the same for the entire 24 hour periods. Like if I go home for 10 days I can put all ten days dates on one log page showing 24 hours off duty for the entire 10 days.

    I didn't open up the .pdf but things sound like he had 3-15 and 3-16 on one page (OK as long as it is the same duty status like Off Duty) then started a new log on 3-16 dated 3-16? So there in my mind is the violation-- 2 logs with the same date. 3-16 isn't quite over yet (it will be at midnight) so the next log page should show 3-17.
     
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  7. cnsper

    cnsper Road Train Member

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    What he needs to do is one day per page for this scenario. I have done 2 consecutive off days with total hours of 48.

    The way it needs to be logged is the 14th off duty starts at 7 pm
    Then on the 15th one page all off duty for 24 hours
    Then on the 16th off duty until 5:15 am and then a flag at 5 am that says 34 HR RESET. Flag it just like you would the city when you change duty status only use the words 34 HR Reset on the flag.

    Officer was meeting quota but technically he wrote 2 log pages for the same day.

    I don't know about the other stuff because the only log book violation I have ever had was a math mistake on my part and was put out of service for 10 hours.
     
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  8. Arkansas

    Arkansas Medium Load Member

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    I guess technically the driver was wrong but anyone can see it was an honest mistake. I'd say the officer was just looking for a reason to write a ticket.
     
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  9. scottied67

    scottied67 Road Train Member

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    OK just saw the logs in question. Agreed he should have just logged each day separately because 3-16 does not qualify for multiday off since the duty status changed. As the rule says, can only put 2 or more logs on one page if the duty status stays the same for the entire 24 hours or 168 hours or whatever.

    Plus your driver doesn't pay too much attention to detail, can't even remember that he was just Off Duty for 24 hours then shows Sleeper from midnight on 3-16 which is probably true but just leaves it in plain sight and marks a new line for Off Duty -- big red flag for anyone looking at those logs. Better choice would have been to start a new log page to clean that mess up.

    I would also recommend that he not flag a line all the way down through drive line and on duty line all the way to the comments field every change of duty status.
     
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  10. What state did this happen?
     
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  11. bigdogpile

    bigdogpile Road Train Member

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    I dont think "intent" matters..you either are "in" violation or you are not..
     
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