my buddy works for a company that hauls coal/rock he goes from pville,il to bonne terre,moback to granite city,il back down to st genevieve,mo over to duquoin il back to pville every day 11 to 12 hours a day. puts in 4 to 5 hundred miles a day. in his log book he fills out he puts down on duty not driving for his day.is that legal?
logbook
Discussion in 'Trucker Legal Advice' started by termitec4, Sep 24, 2009.
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100 miles or less you have to keep track of the hours you work per day, not a logbook, but I don't know if that applies to jobs where you cross the state line as he does.
Where does he work? I know I am nosy, but this is my neck of the woods, I live in Fredericktown, MO and have looked for a decent paying local job, and always keep my ears open. -
As far as I can tell the 100 mile radius driver has to have a time card or other established method of recordkeeping by the employer to track hours worked. That does not mean he cannot keep a log book, and i'm pretty sure the employer can use that as the record of hours worked for pay and recordkeeping reuirements.
That part of the question gives a "yes" to is it legal.
However, I think it would be reasonable to say that (regardless of the actual hours involved) if you are driving a couple hundred miles a day and fillling out a log that only has "on duty not driving" then your friendly DOT man would look at that as falsification. I'd be hard pressed to come up with a legal explanation to him about why I'm driving a truck and my log does not have any driving time in it?
I'm wondering, does he also put down 400-500 miles each day for miles driven? I think that would absolutely seal the deal on the falsification ... drove 500 miles in 0 hours -- he'd be a dispatchers dream come true
Everett Thanks this. -
I'm bored, so I'll resurrect an ancient thread. Info is still relevant, though....
If you are operating under the 100 air mile exemption, you do not need to fill out a log book provided you meet ALL of the requirements of that exemption.
One of those requirements is that your company maintains a record of your hours worked, and those records must include the driver's name, the date, the start time, the end time, the number of hours worked.
A log book page can be used, since it contains the driver's name and the date. You drop from line 1 to line 4 when you start your day, and go back to line 1 at the end of your day. You have now shown your start and end times. Total the hours on each line at the end of the grid. Turn that log book page into the company for them to keep, and it fulfills the requirement. You do not write the miles you drive in the "total miles driving" box when you keep a "local log". Instead, if the carrier requires it, you simply write it in the remarks section. Not all carriers will require you to do this, as it is not required information for the record of your hours worked which they have to maintain.
Or, you can punch an actual time clock...as long as the time card has your name on it, and the date for each day. Punch in, punch out, and then total up your on-duty hours for the day.
It really doesn't matter WHAT manner the record of hours worked is maintained, so long as the required information is present.
On days where you exceed the 100 air-mile radius, or go beyond the 12th hour, a log sheet needs to be filled out for that day in the same manner as any OTR driver would fill one out. On that day, you must have it with you after you no longer qualify for the exemption. However, you do not need your previous 7 days, as you were operating under the 100 air mile exemption on those days.
State lines have no bearing on the 100 air-mile radius. The 100 air mile radius is the 100 air-mile radius. Cross as many state lines as you want to, just don't leave that 100 air-mile radius without starting a log book page for the day.
The whole reason for the 100 air mile exemption is due to how much time a driver would have to spend updating his log book during the day. Below I've attached the difference between a 14 hour day and a 12 hour day's grid. Believe it or not, the 14 hour day isn't the worst I've ever had to log...
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Sorry to piggyback on this old thread but the subject title is relevant to my question.
Regarding carriers today who are on eLogs exclusively ... are they required to or will they or can they supply weekly or monthly printed or digital recaps or detail of your eLogs that would/can
1 - Satisfy the IRS in the event of a future audit?
2 - Be used to determine days home/away for meal allowance and itemized
deductions?
Also, are carriers REQUIRED to make printed recaps, summary, and/or detail available to drivers?
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I know that here in Canada(Ontario to be exact), ELOGS are recognized by the federal government, however DOT inspectors still require that you produce a log book for inspection. The only question I have, is if that would be considered as having two log books, which is a no-no?
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It's only a no-no if they say different things.
For example, if you drive for 2 different carriers on a part time basis. BOTH carriers require you to turn in log pages from the books they give you, because they scan them into the computer. BOTH carriers are going to need log book pages from you, because BOTH carriers are required by the regulations to maintain a record of the hours you work. The only way you are going to satisfy both carriers is to fill out 2 log books. As long as both log books are identical (and all of your receipts and other supporting documents match), you haven't done anything wrong. -
How can you make a paper log (in fifteen minute increments) match an eLog with 1 minute increments or a different style of rounding? Just seems "not right" on a number of levels to have to be on eLogs AND continue the paper logs too. Dick with the industry and drivers? ... ok, but to double down on it?
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