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Driving past midnight...

Discussion in 'Trucking Industry Regulations' started by double yellow, Jul 7, 2015.

Page 1 of 8
  1. Jul 7, 2015 #1
    double yellow

    double yellow Road Train Member

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    I just got another level 1 and since my last one (1 month ago) had an OOS hos violation, the officer spent a considerable amount of time going over my logs. He wrote me up for:

    Record of duty status not current 395.8F1 -- no entry for 7/7/15
    Record of duty status general form and manner -- no total mileage for 7/6/15

    He said he was "going easy on me" & could have written me up for failing to sign the log at the end of the day too!


    I think it is ########. My log showed me flagging a 5-minute walk-around at 20:30 7/6/15. I was pulled into the scales 410 miles away at 0400 7/7/15 and had been driving the entire time.

    The officer said I should have filled out a new day immediately after midnight -- that he would just draw the line in while driving and add up the mileage. I was taught that as long as you were current to your last change of duty status you were OK and that you filled out the end of day paperwork the first time you changed duty status on the next day.

    Is he right?
     
    Last edited: Jul 7, 2015
    double yellow, Jul 7, 2015
    double yellow, Jul 7, 2015
    #1
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  3. Jul 7, 2015 #2
    KeithT1967

    KeithT1967 Road Train Member

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    He's wrong, fight it. There is no requirement that you stop at midnight for any reason.
     
    KeithT1967, Jul 7, 2015
    KeithT1967, Jul 7, 2015
    #2
    2Girls_1Truck, flood and Meltom Thank this.
  4. Jul 7, 2015 #3
    joseph1135

    joseph1135 Papa Murphy

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    Yup. You start the log whenever you stop. There is no regulation that you must pull over to start a new day.
     
    joseph1135, Jul 7, 2015
    joseph1135, Jul 7, 2015
    #3
  5. Jul 7, 2015 #4
    Scalemaster

    Scalemaster Heavy Load Member

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    395.8(f)(1) Entries to be current. Drivers shall keep their records of duty status current to the time shown for the last change of duty status.

    "Last change of duty status" means that when you come in my scale driving, I need to see the last time you started driving. If that was last night, so be it. I do not know of any requirement to stop at midnight to start the new day.
     
    Scalemaster, Jul 7, 2015
    Scalemaster, Jul 7, 2015
    #4
    Pumpkin Oval Head, ‘Olhand, Longarm and 13 others Thank this.
  7. Jul 7, 2015 #5
    JJKid

    JJKid Medium Load Member

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    WRONG!

    He is wrong, you are right. DataQ it and hope for the best... even though you had no ticket, it's still a fight able violation.
     
    JJKid, Jul 7, 2015
    JJKid, Jul 7, 2015
    #5
    truckon and double yellow Thank this.
  8. Jul 7, 2015 #6
    062

    062 Road Train Member

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    What scale was it?
     
    062, Jul 7, 2015
    062, Jul 7, 2015
    #6
  9. Jul 7, 2015 #7
    WesternEmpire

    WesternEmpire Medium Load Member

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    I had one of the Wyoming PoE's give the same line almost 18 years ago. Was driving team at the time, rather than get into a pissing match, I just make sure I get everything current as close to midnight as possible.
     
    WesternEmpire, Jul 7, 2015
    WesternEmpire, Jul 7, 2015
    #7
    double yellow Thanks this.
  10. Jul 7, 2015 #8
    NewbiusErectus

    NewbiusErectus Medium Load Member

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    I drive across midnight all the time. Before leaving, I always fill out the basics for the following day (BOL, trk/trlr#, date, company, etc). If I get pulled in, I just need to draw a line.

    As far as mileage for the previous day, I don't fill that in (since of course, it's impossible to know) but I make sure I'm familiar with the numbers and can provide the mileage in a few seconds after being pulled in.

    I never pull over at midnight to fill that out, and if I'm ever hassled about it, we're going to be playing the brain game (which I know I'll win, because any DOT certified officer who harasses anyone about that is an imbecile)

    I can't believe he told you to make log entries while driving, lol.. That pretty much tells you all you need to know about the fella
     
    NewbiusErectus, Jul 7, 2015
    NewbiusErectus, Jul 7, 2015
    #8
    double yellow Thanks this.
  11. Jul 7, 2015 #9
    double yellow

    double yellow Road Train Member

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    Northbound in New Church, VA.


    At least they applied fresh attaboy stickers for the tractor and trailer.

    But those stickers didn't stop the scale in Delmar, MD from pulling me in for a walk-around inspection 50 miles later. There they found a bad hinge on one of my emergency triangles (I kid you not) and that I had neglected to draw a line down from Off duty to driving at the end of my 30 minute break at the VA scales. Mercifully, they let me go with a verbal warning & clean inspection form.


    Still, I've decided to heed @RedForeman 's advice and get elogs as soon as I get home (may still lose a couple customers for 6 months anyway).
     
    Last edited: Jul 7, 2015
    double yellow, Jul 7, 2015
    double yellow, Jul 7, 2015
    #9
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  12. Jul 7, 2015 #10
    KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

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    I KNOW you don't want to hear this DY and I also realize you are a single truck, but this is one of the major reasons we went to E-logs, it just clears up a lot of this little piddly B.S. crap.
     
    KANSAS TRANSIT, Jul 7, 2015
    KANSAS TRANSIT, Jul 7, 2015
    #10
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