Question that keeps bugging

Sorry but this is a regulated job, which means that during an inspection, he has the right to see any documents as part of that work, especially ones that prove your log to be accurate.

Otherwise he has the right to put you out of service, cite you for the part of the log you can't prove and your stuck with dealing with it.

Now before any one says otherwise, the records the OP mentioned are those records as part of the operation of that truck, not of a personal nature so because you are part of a regulated job and he, the officer has the right to ensure your compliment by doing an inspection, you have to prove the validity of that log.

AND just a little additional item, you don't produce a valid receipt for the fuel, they can inspect that fuel to see if it is off road diesel and nothing you can do about that.

 

When I got fuel 99.9% of the time it was fuel and go I never spent any time inside trk stops unless I absolutely had to, what would u tell the officer if he wants a receipt?

 

I don't know what the heck happened here, but what came up was NOT what I wanted to post.
Let me see if I can do this so that it makes sense here. . .

OK, let me blunt here. If you don't want "truck stop lawyer's opinion," then don't ask the question on the trucker's forum. ANY trucker's forum. Pay a few bucks and talk to a lawyer who can actually spend the time to look the question and answer up. BUT then don't hang your hat on what the lawyer says, as case law relating to vehicle search and seizure changes, the way you and I change underwear.

Suggest the use of common sense, plus courtesy in dealing with LEOs beside the road. Keep in mind that you are not going to win in a roadside argument. Sure, you can win in court, later on. But is it going to be worth the time and money spent to do so?

While I agree that we all need to stand up for our rights, and that some cops were born A-holes, you need to look at the big picture.

 

While it may be a "Regulated job" the only item required for HOS as part of an inspection or a vehicle stop, is that the driver produce is his or hers logbook. As for supporting documentation, he or she can ask all they want. You are not required to have them in your possession or produce them UNLESS A WARRANT IS ISSUED OR YOU ARE COMPELLED BY A SUBPOENA TO DO SO. And then, a judge or a magistrate is going to ask for regulatory statutes and compliance supporting the officer's request.

And though I am pointing something out, the highways and the road are not a court of law. Do not get into a pissing contest or lose your cool. If you feel the officer is overstepping their bounds, ASK FOR A SUPERVISOR. Then, have them cite and produce the regulation that states why you are in violation. THEY HAVE TO DO THAT ANYWAY AND PUT IT ON THE CITATION AS IT IS. Can they still put you out of service? Yes. Can you then hire an attorney to prove that they unlawfully did so and as a matter of recourse, file a lawsuit against both the officer and their agency as a result? Absolutely.

Show me the reg.

Again, there is NOTHING in either in the form of guidance by the CVSA or the FMCSA in the form of a CFR, that states a driver must keep in their possession and produce on demand, to any LE officer, their receipts for fuel, food or anything else shopping or stop related expense wise. If you want to produce it to prove your point and back your log up, so be it. Otherwise, the onus is on the LE officer, DOT or otherwise, who has the burden of proof, to establish and prove the logbook is not accurate.

If your logbook is legible and flagged accordingly, within the previous 6 days of the current one, (As you are allowed to bring it current as long as it is within 6 days of the inspection) up to snuff and nothing flaky about it and then they want to put you out of service, again, tell the inspecting officer you want to see A SUPERVISOR.

 

i've only been asked for fuel receipts one time. unfortunately, they got mailed in with the trip pak prior to inspection.

had to show my bol one time. i just made delivery. was empty and headed back to yard. 2o miles north of the scale.

i know one driver, whipped out his license, cop saw his burger king recepit in his wallet and asked to see it. that receipt didn't match his log so he got a OOS. for 10 hours.

 

There is also the fact that when I was working for Swift I never had a fuel receipt, or toll pass. I at in the truck most of the time and only ever stayed at a hotel once. With my current company I fuel every night when I get back to the yard so again I have nothing but a BOL to show any offiver that asks for more paperwork....

-Steven

 

Still, he ASKED to see it. You want to show it, fine. Then that's a can of worms you opened. And if it doesn't match, then yes, you have a problem.

 

I'd only give them what's required. I put my receipts and everything else out of sight. I keep 8 days of logs in my binder and that's it now. I caught a break in NM a while back when I had a couple weeks worth of logs, officer asked me if I wanted to be cited for not turning in my logs as required, I obviously said no, he said then take out all but the current period which I immediately did. Unless I just fueled I wouldn't hand over anything that could be used against me regardless of whether it's incriminating or not.