log book citation/warning

This is exactly what is going on. They know it cannot be legally contested. Oh yeah, DataQ's what a joke... basically if you try to DataQ it, the officer that wrote the 'warning' will have to admit that he/she was wrong and mistaken in the issued 'warning'. Good luck with that..

Getting something removed is extreme hard... but not impossible. In fact, court orders will not get thing removed from the safestat (CSA) whatever they call it now... site. It likely has to go to a Federal Judge... then it will happen but it will cost you.

 

State court did it in my case but I was sueing the state and they wanted it dismissed. It was like two years late after initial order.
Lawyers won't help you either, they rather have a billboard sueing us when we run into some worthless turd. Best thing you can do at time is remain silent and read the rules and law and do it yourself otherwise you're pissing up a rope. There isn't anyone out there that gives a rats asce about owner operators don't let ooida fool you. They will make money no matter which way the wind blows. They have their money grabbers into both sides.
Where's king ray's cheerleader?

 

Yeah, I hear you.

What I was refering to was a semi-retired guy that worked at the same company I was at, getting a warning and inspection in IL. They put down that the warning was for speeding. He wasn't speeding(as you know it goes on safestat for the company as speeding even though just a warning). Soon to find out, he couldn't fight the warning, he retained a lawyer and took it to court... I pretty sure it was in Moline IL...

Turns out the lawyer presented it to the judge that this 'warning' was doing harm to his client and company with no due process of the law to contest the validity of the claim.

The Judge then asked some questions and put an order to remove the warning and any and all damaging points (ir safestat score). In essense, a court order.

Did it work? Nope, couple of months later... Safestat points were still there (mind you the CSA thing was just at it's begining stages)

So they went back to court with the same judge... Explained the situation, and the judge went through the roof... he was pissed. The judge then called a personal friend, a federal judge and it was ONLY then removed.

This set the semi-retired driver back about $6000 in lawyer fees... He did it out of principle, and didn't care... Obviously, most drivers are not in this position.

So it is good to know that you could get this done yourself.

 

60 hours in 7 days is for carriers which only operate 6 days per week. 70 hours in 8 days is for carriers which operate 7 days per week. It makes no difference if you are local or not...only how many days per week the carrier operates.

...not much to 395.7

No, you are not "stuck" with anything. As long as the carrier maintains a record of your hours worked, it doesn't matter WHAT form those records take so long as the required information is on the records....UNLESS you do not qualify for the 100 air mile exemption in which case you need a RODS for the day. The carrier can CHOOSE to have their drivers complete a RODS whether they qualify for the exemption or not, but under the regulations the driver is not required to do so...and therefore cannot be written up for a logbook violation IF he meets the requirements of the 100 air mile radius and IF he asserts that he is within those requirements and therefore not required to keep a log book. If you admit to having a log book and you hand it over, they will treat you like an OTR driver.

The carrier I am with chooses to maintain records of hours worked on RODS pages. On days where I meet the requirements for the 100 air mile exemption, my log book is essentially an overly complex time card. I "punch in" by going from line 1 down to line 4. I stay on line 4 until my day is complete, at which point I go back up to line 1. On these days, if I am stopped and asked for my log book, I simply state that I am a local driver, operate inside of the 100 air mile radius, complete my day within 12 hours of starting, and the carrier maintains records of my hours worked as required...that I do not need to keep a log book. If I'm not required to have something, for all practical purposes, I don't have it.

On days where I do NOT meet the 100 air mile exemption, I log in the same manner as any OTR driver. Since I run local quite a bit, on the days I venture out past the 100 air mile radius I do not need the "previous 7 days"...because I was exempt from having to draw them up.

http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.1&guidence=Y

...again,

 

Supposed to be a seperate thread.