The Great Logbook Scam

My statement was in response to his... whatever.

 

The regs do not set company policy (Although a company certainly can adopt a policy based on them). Look at as a complimentary requirement, not superseding.

It's not an outline, so to believe (a)(1) is inferior due to a hierarchical issue would be erroneous.

Best regards

 

Here are my 2 pennies on the log book situation.

The log book is not that hard to do or to keep correct. Just get in the habbit to have it in arms reach of where you sit behind the steering wheel. Anytime you sit down or to stand up (from that seat) is when you need to reach for that log book again. Do your lines, its not that hard to do.

When you start the day, above line one, I always put a zero where I began. Count off your 14 hours and put a darkened circle at the end of that 14. Just to keep it simple I further count 10 more into the next page and put a " . " above the time for tomorrow where my next 10 will be up.

The only thing I am concerned about (because I have not been pulled over yet in the 5 months driving that I had) was if the officer couldnt wait for me to finnish the log to the time that he asks me to surrender it. I am sure you do, but I have no idea.

Plain and simple. keep a log, keep it correct, its not that hard to do. If the officer needs to know I will gladly explain so that he/she may understand my warped logic.

 

I think Ancient Mariners thread is more about our rights as Americans.

But the several pages of debate on the logbook and several other threads debating the rules proves they are poorly structured and confused by many.

 

If you go for an IRS audit and they ask you to bring your paperwork, do it BUT ask before handing it over if it will be used against you, if they say yes, take the 5th!!

 

I think because we are involved in commerce is the only reason this can be regulated at all. Notice that personal use is not regulated.

I think submitting current logs is probably in the regs somewhere, but I've only seen what I quoted, which explicity mentions previous days logs. What I don't see is something requiring me to provide receipts or my prepass/ipass/ezpass info, yet I've been asked for both before. I would imagine those are protected by your rights as they are not in the regulations nor is there reason for the officer to need them.

 

(e) Failure to complete the record of duty activities of either this section, §395.15 or §395.16 failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.
(f) The driver's activities shall be recorded in accordance with the following provisions:
(f) (1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.
(f) (2) Entries made by driver only. All entries relating to driver's duty status must be legible and in the driver's own handwriting.









The only mention of supporting documents








(k) Retention of driver's record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.
(k)(2) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty.

 

True, the regs do not set company policy but the very first sentence of 395.8 would seem to indicate that it's companys who are to require drivers to keep logs, not DOT, the government or anybody else. And if you read the second half of 395.8(a) you would see it reads "to record his/her duty status for each 24 hour period using the methods prescribed in either paragraphs (a)(1) or (2) of this section." The regs are not a true outline as they jump around alot and refer to other sections and subsections frequently but in this particular case (a)(1) is a supporting text to (a), it does not stand alone in it's authority.

 

No doubt, the company is "required" etc. But since (a)(1) is a separate paragraph and not hierarchical. (a)(1) requires the driver to record, (a) requires the company to require a driver to record using the methods in (a)(1) or (2). Apply your same standards/logic to every paragraph in 395.8 to the one above it as you are attempting to use on (a) and (a)(1), and I see no logical way it can support that position.

As I stated and apparently we agree, they are not an outline. They are separate paragraphs.

Best regards

 

That's correct. You can still be cited for 395.8 f1, log book not current. I'll give you the opportunity to catch it up, because I have to see if your in an hours violation. At that point you are not placed out of service. It's easy, say I stop someone on Staurday at 1100 hours. If they are missing Saturday, all of Friday and any portion of thursday's log entry. Let's say they have it filled out to Thursday at 2000 hours. Then that driver is out of service for 10 hours.