FALSE LOG BOOK VIOLATION: Two Dates On One Page.

I might have to take back my last post if not4hire comes in here and corrects me..

 

Just this driver error cost a whole day csa points because it appeared driver may be cheating and like most of the other rules it is a judgment call at time by officer.

But from reading thred neither owner or driver has good handle on the rules and that is kinda worrisome since they got busted on basic logging. Not like he was doing sleeper split or bad math had 3 days that should have had clear line.

 

We're all pretty much in agreement you can do multiple days on log page, assuming they are same/continuous duty status. That is not the case in this situation. The driver mistakenly put 2 days logs on 1 page, then used the 2nd date again to reflect different information. While the enforcement officer may have been too harsh in placing him/her OOS, the logs were not correct.

 

Keep in mind, we're getting one side of this story.

 

Met a few carriers like this they found out where to look everytime one of their drivers crossed a scale.

 

Form & Manner is not a rule in the FMCSRs, but is a category of violations regarding things on the driver's Record of Duty Status (RODS), as noted by Maverick519. For example, an officer might write a "Form & Manner" violation for 395.8(d)(3): Failure to indicate truck or tractor and trailer number. The driver gets a violation for "failing to make, prepare, or preserve a record in the form and manner prescribed."

If you do a Google search for "cvsa form and manner" or "compliance safety accountability form and manner" you will get a lot of results referencing the fact that RODS Form and Manner violations is the largest category of violations.

In your driver's case, the officer wrote him up for 395.8(e): "Failure to complete the record of duty activities of this section or § 395.15, 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 for prosecution."

Is that what your driver did... "make a false report?" Yes. But it sure appears to be a jerk move by the officer. Especially when he could have cited the driver for something less egregious and not put him out of service. I will say though, that you should ask your driver to tell you EXACTLY how the interaction with the officer went. Did the driver "cop an attitude" with the officer? Or was the officer just a jerk from get-go?

 

Well you are safe since there is no form and manner headline but 395.8 provides enough stuff that officer could meet quota in 1 stop with right driver.

 

Cool thanks, I can only be put in check once a day....lol

 

§ 395.8: Driver's record of duty status.

(f) The driver's activities shall be recorded in accordance with the following provisions:

(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.​

http://www.fmcsa.dot.gov/regulations/title49/section/395.8

 

Very,very nice of you to supply supporting links in your posts..You must have a great NAP for that