Log book violations

Discussion in 'Trucking Industry Regulations' started by flwo, Oct 27, 2014.

  1. ShortBusKid

    ShortBusKid Heavy Load Member

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    I've gotten a few violations for basic clerical errors, fell under form and manner violation. I never got a fine. Failed to total my hours, missing shipper info, etc. I did get CSA points though for "fatigued driving".
     
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  3. wichris

    wichris Road Train Member

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  4. snowwy

    snowwy Road Train Member

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    someone else posted on here not too long ago, they're company does exactly just that. $500 if they fail an inspection.

    i'm glad i don't work for one of the companies. as the office seems to be the only people that can ever find anything wrong my logs.

    13 years i been driving, never got a violation by the cops or the scales. but darned if the office don't find a BUNCH of crap. and it don't matter who i work for.
     
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  5. flwo

    flwo Bobtail Member

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    LOCK AND LOAD. Put on your thinking caps.

    5 violations identified for 382.105
    1 violation identified for 390.15(b)(1)
    3 violations of 5 identified for 392.21(a)
    205 of 280 violations identified for 395.8(f) - No total miles driving today (did include total miles), no shipping doc references, home carrier address missing,
    28 missing logs 395.8(i)

    What is considered a record keeping requirement and what isn't. UFA 4.0 says fine is $26,000. Is this correct?

    although there are 205 violations of 395.8(f), system is only fining me $1,000
     
  6. wichris

    wichris Road Train Member

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    Are you going over the results of an audit? Are you trying to self audit before a compliance review?

    Pick 100 logs at random, what is the % of the violations? That's how it's done in an audit. They come in with a list of drivers and want certain months of their logs and then check each one for any errors/falsifications/ect.

    Equipment, DQF, D/A, are all done the same way.

    Most times an audit will not duplicate general form and manner violations. Missing miles,no BOL#,ect.

    Doesn't mean the auditor can't do each violation separate.
     
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  7. flwo

    flwo Bobtail Member

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    Am I qualified, no. Have I been placed in a position to do a DOT audit, yes. Am I looking for assistance, absolutely.
     
  8. flwo

    flwo Bobtail Member

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    We did an internal audit of all paperwork for the last 45 days... the items I listed, are what we found. All I have to go by is the FMCSA book because I have never driven. I have so much more respect for drivers now!
    Yes, I am an office worker. I sit in a chair all day and read the FMCSA, and then go to a location, and say ABC, 123... I have no idea if a DOT auditor would nail the company for missing total miles driven today, or BOL... but they COULD, and if they did, we could be looking at $26,000 OR MORE... if each violation was a separate fine.

    I wish I had real-world experience. I wish I had someone to call to say, hey, is this a violation in the real world, or just on the books... but as we all also know, a rookie auditor is trying to make a name for him/herself, and to nail a company with 95% of its HOS logs having form and manner problems, is a starting point..

    Just like on the vehicle... all I can do is make sure the lights work, seat belt, tires pass the coin test, and hoses aren't touching the area near the 5th wheel. I can't check the brakes, or lots of other stuff.

    So, yes, I am fishing, I am asking for assistance, I am asking for real-world help.
     
  9. wichris

    wichris Road Train Member

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    Is it all company or are there O/O's also?

    Fuel card reports for times? O/O's that pay cash fuel sometimes?

    Will your customers give you the in/out times? (some will fight you but give it right up to fmcsa)

    Don't forget about re-imbursements to drivers/OO's that may have times. Repairs also. If there is a re-imbursement on a payroll stub, document the time.

    POE's in some states out west keep entry info. Company,plate/unit#
     
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  10. flwo

    flwo Bobtail Member

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    Maybe we need to hire you to asssit in training?!!?!!
     
  11. wichris

    wichris Road Train Member

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    Every auditor is different. Some make it a personal mission to find the smallest mistake, others are more lax. None are going to let anything slide.

    Serious violations in logs is anything over 10% checked.

    D/A is 5%(iirc)

    General form and manner is not in the serious category.

    Falsification is.
     
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