If i am a co-driver in the sleeper berth and my co-driver gets pulled for speeding, is it legal for the hwy patrol to give me a citation? I received a log book violation stating there was no entry for today, but I was sleeping and I have not driven yet. Can I fight this violation and win and does this affect my driving record and add points?
Log Book Violation Help???
Discussion in 'Trucker Legal Advice' started by smokeyman, Jun 22, 2013.
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That's kinda one of those grey areas. Old school says they can't disturb you for any reason if your on your off duty...Was the sleeper closed off from the rest of the truck? Now days troopers are pretty much god in the way the let everyone do what they decide,,,Yes they can give a ticket, and maybe with a lawyer you could fight it. I think you'd need to contact a lawyer and see what they think.
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The sitation is legal and it wad entirely your fault. Your log book has to be current and show that you are in the sleeper. Im solo and I always make sure my log book shows me in the sleeper whenever im on break especially if im breaking in a dot rest havensmokeyman Thanks this.
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Thanks for the reply, the curtain was actually open due to no air in the sleeper berth but I was asleep. I will contact a lawyer and see if I can fight it.
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Were you sleeping from before midnight yesterday to the time of getting pulled over today?
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I would think not.
If your last entry for the day before was to enter the logbook status as in the sleeper, you should have completed the day and the information on it then. If in the sleeper during the time change for the day, you were still current to the last duty change. -
Still as he said your log has to be updated to your last duty change and if that was what happened they gothca.
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I am thinking the shift for the drivers happened right about midnight which means the log was not current.
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Why do people have to be so vague when posing questions such as the OP. We shouldn't have to guess unless he just wants sympathy.
C'mon smokeyman, post up ALL the relevant details and you'll get an accurate answer, although it may not be what you want to hear.areelius and Rolling Wave Thank this. -
What state and where did this happen at. This sounds a little shady. Unless there is more to the story.
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