Safty Rating and Fine?

Discussion in 'Trucking Industry Regulations' started by XiZBiT, Mar 25, 2010.

  1. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Oh I guess I missed that part. If it was generated then yeah I'm sure your right.
     
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  3. stranger

    stranger Road Train Member

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    These are two seperate post the OP made.
     
  4. dieselbear

    dieselbear Road Train Member

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    If he was inspected it will be entered into the system. If he was placed OOS it will be entered into the system.
     
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  5. snake021

    snake021 Bobtail Member

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    Right, this(the bold) is the only thing stated in the FMCSR that says you can be placed OOS for, regarding logs. Is there some reg I'm missing about the "falsifying" part? Where does it say this?

    The OP said, "Log Violation: Driver failed to mark down the location of the last change in duty status in remarks."
    I am assuming he drew the lines, just didn't write down the city. But we don't know what the "Falsifying the log" was.

    395.13 #3 says, "will be given the opportunity to make the duty status record current". You can be 2 days behind, the day of inspection and the day before.
     
  6. dieselbear

    dieselbear Road Train Member

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    The out of service comes from the CVSA out of service criteria, not printed in the regulation book. CVSA wants people to buy the out of service criteria so it is hard to find an electronic current version of them. They do change from time to time and take effect April 1st of every year. With the changes, industry and enforcement along with FMCSA collectively make the changes and have made the criteria in the past. Falsification will place the driver out of service 10 hrs and falsification can be a number of things. Receipts not matching, logging a 200 mile trip in an 1 1/2 hours, any number of things.

    Your correct the driver can catch his log book up, after I look at it and it is still a violation of 395.8f1, log book not current to last change of duty status. The driver is only out of service if he is missing today, the day before and any portion of the preceeding day. For example stopped on 3/28/10. Missing 3/27/10 and last entry on 3/26/10 at 2200 hours. Place driver out of service for 10 consecutive hours. Hope this helps. There is no rule or regulation that says I have to give the driver 5, 10, 15 or 30 minutes to make his log book current as I routinely hear on roadside. Driver shall have his entries to the last change of duty status.
     
  7. blackw900

    blackw900 The Grandfather of Flatbed

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    I can do that!


    You see all I have to do is run about 135 MPH and not get caught....No problem!:biggrin_2559:
     
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  8. JustSonny

    JustSonny Big Dummy

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    BlackW, you are not setting the right example for us wannabes!!!!:biggrin_25523:
     
  9. John Miles

    John Miles Medium Load Member

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    DB ... is there any regulation that says that I have to put down a location at 2400 hours everyday even if I am driving and not stopped or will my last change of duty status at (say 2200 hours) suffice. I've has some people and companies tell me yes ... you have to put down a location at midnight even if you are driving and not stopped ... others say to just let your last change of duty suffice.
     
  10. phroziac

    phroziac Road Train Member

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    I work for werner which is well known for properly educating drivers on these things.

    anyhow....You're wrong. However, you can only extend one or the other. Not both. There's two different exceptions in two different places and I don't feel like looking them up at the moment.
     
  11. blackw900

    blackw900 The Grandfather of Flatbed

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    Just testing you guy to see if you're dumb enough to buy it....:biggrin_25525:
     
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