The Great Logbook Scam

Hi Ancient Mariner. The above link is to a Columnist/commentator who has an online blog at Tellitoal .com. If you like, go there and scroll down to the commentary by 'David', regarding Old, original, Constitutional law. It re-inforces your valid argument about unreasonable search and seizure. I thought your commentary awesome. We need everyone in trucking or otherwise against FMCSA/TSA groping to become educated and speak out to their representatives and stop this nonsense and invasion of our true rights, not those of Corporate Law constitution terrorist. Look at the comments of another driver on these forums by the moniker of Wingwalker 9000. They were sent to me by another trucker. i just found this site link from the other trucker, so I guess I must post a few more time before adding links.

 

But where is the requirement to surrender the log book to the officer? And what protects the driver once the surrender of documents has occurred?

So say DieselBear pulls me over for inspection or whatever. If I hand him my log book or record of duty status for the past 7 days and he walks away with them I am then no longer in possession of them (because DB is now in possession of them) and violating the CVSA which means DB or a different officer could put me out of service for ten hours.

I mean sure DB or the other officer probably wouldn't do this, but it seems like they 'could' which is kinda scary

 

395.8 (a)(1) that you quoted comes after 395.8 (a), the regulation in question. It does not supercede the fact that, the way the regs were written, keeping logs is a company policy. (a) sets the precedent, (a)(1) is just one of two methods the driver can use to record his record of duty status. So I think the OP was correct in his assumtion. Does this loophole do much good? Not really. The HOS regs are still in effect so maybe if you were an O/O with no tracking device or the DOT man was too busy to hassle with you at the time you might get away with it but it also carries the possibility to start a three way s***storm between you, your company and the DOT. Which wouldn't be good if you were in violation and it was recorded via qualcomm or other provable means.

 

The requirement is in 395.8(k)(2) which says your records for the previous 7 days must be available for inspection, however it does not mention the current days record. This is odd because 395.13(b)(2) specifically mentions having both the previous days along with the current day.

Even more curious is the text of 395.13(b)(3), which says that if you're missing todays and yesterdays log, you"will be given the opportunity to make the duty status record current," given you have the prior 6 days logs with you. Maybe db can clarify that one.

 

Not really, 395.13 (b)(2) is dealing specifically with being placed "out of service". 395.8 (f) (1) covers today's.

You can still be cited for missing todays and yesterdays log, just not be placed OoS.

Best regards

Best regards

 

He asked which one required you to give them to the officer, not write them.

 

I like that. Any other job you get oral notices, written notices and termination. Mess up in trucking and you get your livelyhood taken away from you. Fits under "cruel and UNUSUAL punishment". Who determines these dollar amounts anyways? $50 makes me think twice. $1000 puts my house in foreclosure.
All over you didn't feel a piece of paper out.

 

It's all about control. I think my signature sums it up pretty well.

 

I was responding to your statement (which is why I quoted it), not his.

Best regards