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395.8e false log

Discussion in 'Trucking Industry Regulations' started by simple_life, Sep 9, 2017.

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  1. Sep 9, 2017 #1
    simple_life

    simple_life Bobtail Member

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    Hello everyone. I'm a truck driver from California and recently got a Driver/Vehicle Inspection Report in Iowa, which cited violations of 395.8E false log (this one is OOS), 395.8F1 record not current, and 391.11B2. But no citation ticket (notice to appear in court). This is the 1st time I'm seeing this and it scared the crap out of me. So my questions are:

    1. Who's going to get fined, Carrier or Driver? and how much would that cost?
    2. Am I going to face criminal charge later? what about the carrier?
    3. What negative impact will it have on my California CDL?

    Any advice are very much appreciated. Thank you guys in advance!
     
    Last edited: Sep 9, 2017
    simple_life, Sep 9, 2017
    simple_life, Sep 9, 2017
    #1
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  3. Sep 9, 2017 #2
    Antinomian

    Antinomian Road Train Member

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    It'll go on your PSP and it'll go on your company's CSA. If no citation was issued then it won't go on your MVR and there will be no fine. It's really odd you didn't get a ticket for it though. I'm pretty sure Iowa likes money. Did you get the inspection at a weigh station?
     
    Antinomian, Sep 9, 2017
    Antinomian, Sep 9, 2017
    #2
    pattyj, simple_life and otherhalftw Thank this.
  4. Sep 9, 2017 #3
    otherhalftw

    otherhalftw R.I.P.

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    Depending on who you drive for, it could mean anything from a harsh talking to from Safety/Compliance to termination. My company is first offense = 3 days off, second within 12 months, termination.
    You didn't get a ticket, but the 10 hours OOS was your sentence. Your company got CSA points on their record, and you got your portion of the equivalent on your record. Hopefully the tractor and trailer passed the inspection, otherwise the points went through the roof.
    It isn't a "criminal offense", so no charges are pending...you already paid the price [until you get back to base that is...then company policy kicks in].
    Finally...call your log/safety dept Monday and cover your A__. Or your dispatcher
     
    otherhalftw, Sep 9, 2017
    otherhalftw, Sep 9, 2017
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  5. Sep 9, 2017 #4
    otherhalftw

    otherhalftw R.I.P.

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    It sounds like he got the proverbial "rookie sympathy" scare tactic....
     
    otherhalftw, Sep 9, 2017
    otherhalftw, Sep 9, 2017
    #4
  7. Sep 9, 2017 #5
    Dave_in_AZ

    Dave_in_AZ Road Train Member

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    Non English Speaking Driver?
    You pissed that DOT off somehow.
    What part was " False logging? "

    I've had one false logging ticket ( speeding after the fact ), and that was 10 hours OOS, and about $200 pay the man on the spot, or hope to go back there in 3 weeks when I could be anywhere.

    More details please, what part of the log was false?
     
    Dave_in_AZ, Sep 9, 2017
    Dave_in_AZ, Sep 9, 2017
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  8. Sep 10, 2017 #6
    simple_life

    simple_life Bobtail Member

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    Thank you for your reply. I was inspected by a Iowa State Patrol officer by the roadside, not at a weigh station. I'm surprised too that he didn't give me a ticket.
     
    simple_life, Sep 10, 2017
    simple_life, Sep 10, 2017
    #6
  9. Sep 10, 2017 #7
    simple_life

    simple_life Bobtail Member

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    Thank you for your reply. The Iowa State Patrol officer didn't inspected my truck so no vehicle violation was issued.

    I worked for a very small company and everybody there are very nice and friendly since we're like a family. And I've already talked about this with my employer and he has been very understanding and supportive since we are good friends and I've been working for him for 10+ years.

    Right now I just hope he won't get any fine due to my mistake, cuz I've heard a false log violation like 395.8E can cost the carrier around $8000.
     
    simple_life, Sep 10, 2017
    simple_life, Sep 10, 2017
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  10. Sep 10, 2017 #8
    simple_life

    simple_life Bobtail Member

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    Thank you for your reply. It was an Iowa State Patrol officer did the inspection, not a DOT officer. Frankly, I do have a minor accent when I speak English, so I guess the officer probably doesn't like that...but yeah it's kinda hard to get rid of my mother tongue lol.

    Regarding the false log, I forgot to mark down the stop when I picked up the load, hence the "False log". I understand that is a mistake on my part and I'm ready to face the consequence. I just don't want my carrier suffer the fiasco because of me.
     
    simple_life, Sep 10, 2017
    simple_life, Sep 10, 2017
    #8
  11. Sep 10, 2017 #9
    Dave_in_AZ

    Dave_in_AZ Road Train Member

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    No way is it going to be anything like $8K lol. I had a run in with those guys years ago, nothing to do with trucking, they are just ### holes.

    Your stuck with the CSA points for awhile looks like. If your boss isn't that upset, I wouldn't worry about it. That officer was just being a real turd sounds like. OOS because you forgot to mark loaded / on duty not driving? That's pretty harsh.
     
    Dave_in_AZ, Sep 10, 2017
    Dave_in_AZ, Sep 10, 2017
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  12. Sep 10, 2017 #10
    marek4792

    marek4792 Light Load Member

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    Forgetting to log your last stop isn't false logging. I would fight that on the psp system, It's not like you logged you were a "A" but were doing "B or C" In my opinion he wanted to get you for something and he did. Not updating your book and falsifying are two completely different things. You should have only gotten the logbook not current violation.. I want to know in this idiots mind how do you falsify something that doesn't exist!!!
     
    marek4792, Sep 10, 2017
    marek4792, Sep 10, 2017
    #10
    simple_life Thanks this.
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