is it illegal to sign your log before the end of the day?

Discussion in 'Trucking Industry Regulations' started by kbwww2000, Sep 28, 2014.

  1. kbwww2000

    kbwww2000 Bobtail Member

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    Nov 18, 2010
    Pringle, sd
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    today I had a dot insp and the officer wrote me for record of duty status.{general /form and manner}driver signed log sheet before end of work day. I have been signing my logs every day for the last 11 yrs like this and have had many inspections. I have never gotten a violation before for this , I can't find anything that says I did anything wrong. Does anybody know where I can find out who is right? thank
     
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  3. double yellow

    double yellow Road Train Member

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    State of Jefferson
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    Officer is right, you're wrong.
    Your signature certifies the correctness of all entries. How can you certify the correctness of entries you have yet to make?
     
    x#1 Thanks this.
  4. RigMaster

    RigMaster Bobtail Member

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    Jan 31, 2012
    Ohio, USA
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    I couldn't find anything that said exactly WHEN one must sign the log book just this,

    395.8 Record of Duty Status

    (f)(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct.


    However, it does mention that the signature "certifies that all entries... are true and correct." This can only be done after the log book entry is complete, which would be the end of the day, or at the beginning of your 10 hr break. DOT can argue that by signing the document early you have falsified the document since it isn't completely filled out. I don't hear about many people getting cited for this, but apparently some do. I know most of us have done this at least a few times, sorry to hear they snagged you. I would suggest waiting to sign until the end of your shift, but I'm sure you've already come to that determination. Be safe and keep on truckin'!
     
  5. RigMaster

    RigMaster Bobtail Member

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    Jan 31, 2012
    Ohio, USA
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    Ooppps. Was writting this post and didn't notice double yellow already answered it! so Yah! What he said!
     
  6. baha

    baha Road Train Member

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    ga
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    What state were you in when this tic. was written?
     
  7. RoadCall

    RoadCall Road Train Member

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    Absolutely! ... I was trained 22 years ago to sign my log once my log was complete, never before.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Michigan
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    I would sign it at any time, there is no specific time or duty requirement to certify the entries are accurate.

    Here is the issue that I see with the cop and his being wrong.

    the log is supposed to be in the driver's custody (legally speaking) from the time they go on duty to the time they go off duty. This means as stated in 395.8 (f) (2) "Entries made by driver only. All entries relating to driver's duty status must be legible and in the driver's own handwriting." that the chain of custody doesn't extend to anyone else, and the driver has to maintain that accuarcy for all entries. There is no preventing him from signing the document before completing it as long as the logs are maintained within his custody, is in his own handwriting and furthermore fulfilled the requirement of 395.8 (f) (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."

    Honestly I would have told the cop that he's wrong and to prove that there is a clear regulation of when the signature is to be applied.
     
  9. snowblind

    snowblind Heavy Load Member

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    Jan 29, 2011
    conover nc
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    cop is nitpicking.that is why i have no respect for cops.
     
    Derailed, LoneCowboy, mtoo and 3 others Thank this.
  10. rambler

    rambler Road Train Member

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    What state/township did this happen??
     
  11. Powder Joints

    Powder Joints Subjective Prognosticator

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    Sep 25, 2007
    Rosamond, SoCal
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    Fight this the judge will through it out. I had this same ticket written in bakersfield by the blonde Femanazi CHP, the judge laughed, his opioion was are you going to lie, hmm or would you not sign it later. Anyway the judge thru the ticket out
     
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