Logging "Off Duty, Driving"

I know of one fleet owner that jumped ship from one O/O company to another due to issues that arose out of a compliance review. It'll be interesting to see how the move impacts the new carrier.

There are no hairs to split, the maintenance records must be complete or the motor carrier is prosecuted for issues regarding maintenance. I can think of several times carriers were prosecuted using maintenance records for the HOS. On one occassion mechanic's time cards were cross referenced to the time the driver indicated they were on the road. When it was discovered the mechanic's timecard indicated they were not at work when the driver indicated they were at their home terminal the case was built.

What you have to understand is a compliance review uses 30 days of logs and all supporting documents for the month, i.e. toll receipts, trip packs, fuel receipts, repair receipts, and what ever else is available.

Large Cartage is a O/O carrier; I'm sure the drivers never dreamed they'd be caught falsifying their logs.

http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=1420118

Packard had problems with O/O's not repairing their trucks in a timely manner. As mentioned carriers that sign off on the repairs cited during a road side inspection are subject to violating Part 390.35.

http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=355502

A & R Logistics has 725 power units. How long do you believe it took to do the compliance review and build the $124,800 case?

http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=138986

ATA is another O/O carrier with false log issues:

http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=865526

While it may be simple for a driver to hide HOS violations during a roadside ti's amazing how simple it is to discover false logs during a review. In addition to false logs there is Part 392.2 speeding and 392.6 dispatching a driver requiring them to speed.

Schiber was one that was slapped with both false logs and dispatch issues:

http://ai.volpe.dot.gov/SafeStat/CarrierOverview.asp?DOT=164297

When the DOT arrives on site the carrier must provide all records as requested:

Failure to provide the records requested results in a penalty of $1,000 a day until the records are produced.

The 48 hours is primarily a tool for larger carriers that keep satellite terminals.

Don't confuse roadside inspections with a compliance review. Compliance reviews are over when they're over, compliance is the issue.

The FMCSA is an administrative law enforcement agency. The investigations by the FMCSA are public record as indicated by the links provided. Insurance companies use FMCSA data to access risk when determining how much to charge for premiums. A less than satisfactory rating is almost a guarantee to higher preiums. Some of the better insurance companies will not cover carriers with a less than satisfactory rating.

The FMCSA's data is also used by many shippers to determine a carrier's reliability. Many of the larger corporate shippers will not use a carrier with no rating or less than satisfactory rating.

Attorneys use the FMCSA's data in law suits associated with crashes, if the attorney can show a carrier has been prosecuted for HOS or safety violations it increases the settlement awarded to their client.

So while the FMCSA does not arrest the yahoos that falsify their records, their data has a significant impact on a carrier's ability to do well and keep operating cost down.

Be safe.

 

B.I.T. is primarily a maintenance program:

All carriers with a USDOT number are listed on the A & I site with their rating, roadside inspections, and all other info.

You're welcome to provide a DOT number for review.

Be safe.​

 

Bottom line to me here is the fact that there are rules, regs, and laws in this country that contradict themselves. In this case there are 5 contradictions:

1) New line on logs..Line 1A, off duty driving.
2) Off duty definition.
3) on duty definition.
4) Unladen off duty.
5) Personal Vehicle Conveyance definition.

So by what I have tried to follow, USDOT, FMCSA, State DOT, LEO's, have all the marbles, and we get to play in their game with peas.

 

But they can still be prosecuted . https://www.oig.dot.gov/item.jsp?id=2335

https://www.oig.dot.gov/item.jsp?id=2475

 

It is really simple, if your headed to a place of repair with a broken tractor you are not relieved of responsibility for that tractor, which is test 1.