Log Book Violation Help???
Discussion in 'Trucker Legal Advice' started by smokeyman, Jun 22, 2013.
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Same here.
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But those of us that would never run team across the border aren't really that concerned , are we ?
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Aren't the same situation with teams happening when they cross the border?
If one is in the sleeper sleeping and the truck gets passed customs, then there is no need to update a thing because they are technically still in the sleeper sleeping and not able to change their status. When they change their status, I think they could count the border crossing at that time with the notation of what time and where. -
The thing about a citation like that is you probably got an inspection report attached with it. You might beat a ticket but you won't beat the inspection report. It's a screwed up double jeopardy. I've heard stories of drivers calling the officer's superior and after seeing the officer doing something ridiculous made him throw it out. Under the circumstances I see it as ridiculous. Any normal leo would just tell you to catch it up being it was caught up to going in the sleeper... or was it? No story stretching here!

If you didn't show going into the sleeper berth than the officer was in the right. He doesn't know you weren't in the passenger seat.
395.2 Interpretation
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That's changed a bit.
[TABLE="class: TableFMCSA1, align: center"]
[TR]
[TH="class: LeftTableHeadFMCSA, align: center"]PROVISION[/TH]
[TH="class: LeftTableHeadFMCSA, align: center"]PRIOR RULE[/TH]
[TH="class: LeftTableHeadFMCSA, width: 47%, align: center"]FINAL RULE - COMPLIANCE DATE FEBRUARY 27, 2012[/TH]
[/TR]
[TR]
[TH="class: MiddleTDFMCSA1"] On-duty time [/TH]
[TD="class: MiddleTDFMCSA1"] Includes any time in CMV except sleeper berth. [/TD]
[TD="class: MiddleTDFMCSA1"] Does not include any time resting in a parked vehicle (also applies to passenger carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper berth.
[/TD]
[/TR]
[/TABLE]
http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htmCondoCruiser Thanks this. -
Allowed 2 hrs off duty in jump seat now after or before duty time. Now depends on drivers log when he started and Leo did a little math.
ok had to edit as I was beaten to it, and by better info too. -
Thanks for the update. I'll modify my answer to... He doesn't know you weren't in the passenger seat 3 hours.
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There ya go.
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