previous days logs.......huh?

Discussion in 'Trucking Industry Regulations' started by rank, Dec 27, 2013.

  1. Guntoter

    Guntoter Road Train Member

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    Why would anyone ever have a log in their truck from 8 days ago? Even if you are an O/O you need to mail them home every week. If you don't use loose leaf (you should) then tear out the bottom copy of the old ones.
    When you hand that log book to a cop with 30 days worth of logs in it, he can still write a falsification ticket even if it is not in his jurisdiction if you have not yet done your 34. You are still in violation on your 70 because anything you did since your last reset effects the hours you are running on now. So he can still cite you for falsification. If you falsified 10 days ago then did a reset he may not be able to cite you but now he has a reason to teach you a lesson.

    GET RID OF ALL 8 DAY OLD LOGS...!!!!!
     
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  3. dirthaller

    dirthaller Road Train Member

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    I had a DOT cop tell me that it was illegall to have more than 13 days of ORIGINALS on you at anytime!
     
  4. not4hire

    not4hire Road Train Member

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    Yes... of the originals. Copies are just fine.

     
    CondoCruiser and KC Guardrail Thank this.
  5. skateboardman

    skateboardman Road Train Member

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    no its not really a different topic, no matter the circumstance or thread , it is absolutely incorrect that there is no reason for someone to keep their logs for over 6 months.

    and especially in this case with joseph being far off base with how you prove how many days you claimed per diem for.
     
  6. skateboardman

    skateboardman Road Train Member

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    road medic, about how many days of the per diem deduction alone would make it worth a company driver itemizing deductions?
     
  7. Roadmedic

    Roadmedic Road Train Member

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    It depends on the AGI (adjusted gross income)
    It depends on whether there is a mortgage interest, real estate taxes etc.
    It depends on whether they are married

    It depends on too much to just pull a number out of the sky.
     
  8. KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

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    399.207

    (a) General rule. Any person entering or exiting the cab or accessing the rear portion of a high profile COE truck or truck-tractor shall be afforded sufficient steps and handholds, and/or deck plates to allow the user to have at least 3 limbs in contact with the truck or truck-tractor at any time. This rule applies to intermediate positions as well as transition between intermediate positions. To allow for changes in climbing sequence, the step design shall include, as a minimum, one intermediate step of sufficient size to accommodate two feet.

    (b)
    Performance requirements. All high profile COE trucks or truck-tractors shall be equipped on each side of the vehicle where a seat is located, with a sufficient number of steps and handholds to conform with the requirements of paragraph (a) of this section and shall meet the performance requirements:




    Condo, not arguing with you, but right there is part of the reason most people have issue with the way the regs are written, if I am reading that, I would say, I'm not in a CAB-OVER so this doesn't apply.

    Even go one step further it says COE TRUCKS OR TRUCK-TRAILERS, no where here does it mention a Conventional TRUCK/TRACTOR.

    Since there is NO Western Star Cab over built at anytime close to 2005 I don't see how this applies?
    How does everyone else read that?
     
  9. KC Guardrail

    KC Guardrail Light Load Member

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    I read it as truck tractor, any truck tractor. But it really doesn't matter what we read it as, it's how the DOT man reads it. That's why there is a whole separate section of interpretations for rules that were written in a different language than the one we speak.
     
  10. sphlaxter

    sphlaxter Bobtail Member

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    eThis is OLD news, but an interesting topic....

    If you are running recap for longer than 8 days, you will need to provide logs back to last 34 hour reset (reason is self explanatory). In the situation regarding the Mr. Van Dyke, his last reset took place on the 14th of October. The traffic stop took place on the 29th of October. Regarding the log, Mr. Van Dyke presented an incomplete log book, last entry 1530 in Carlisle, PA. Mr. Van Dyke was given the opportunity to update the log per FMCSA. After update, his last recorded stop took place in Centerville, OH at 0100, approximately 250 miles from the traffic stop location, which took place at 0215. Upon inspecting the log book, all stop location entries averaged 69-71 mph apart (distance divided by time), regardless of time, location, traffic, weather, speed limit (60 mph in Michigan) ect. The driver admitted to backfilling his log book at end of each day, using a mapping program and calculator (essentially, all entries in log are falsified back to last reset).

    In regard to Mr. Van Dyke being cited for a cracked windshield and missing step, this is untrue. These violations were noted in the CVSA level II inspection only, no citations were issued for these violations.

    In regard to W Trucking's CVSA record regarding HOS violations. Well, someone isn't being honest in that regard either. It didn't jump to 89 with one inspection, and if so, why hasn't it dropped three years after the fact?

    In regard to why the driver was not escorted to a rest area or truck stop; if the driver appeared to be especially tired, traffic stop was at a remote location, in combination with the out of service violations, the vehicle may have done towed for safety concerns. Once that officer performs the inspection, he/she owns it. If that driver was deemed out of service, and the officer agrees to escort the driver/vehicle to another location, that officer takes responsibility if an accident occurs. Regardless of who is at fault, it would not look favorable upon the officer for allowing an out of service driver to continue on the roadway, do you not agree?

    A no preference tow is called to remove the vehicle from the roadway. For CDL vehicles, it is cheaper for the carrier to have an CDL driver for the tow company drive the vehicle to their lot, rather than tow. All non-preference two companies must have necessary insurance to be legal, and on the dispatch list. Some tow companies will allow the driver to stay in the vehicle on their lot. Some companies will not. That is beyond the officer's control. In the driver cannot stay in the vehicle on the lot, the officer may offer the driver places to be dropped off, including local hotel. More often than not, the driver chooses to be dropped off at a rest area.

    No sides are being taken here, maybe the officer could have handled the situation differently. That being said, if there were blatant issues that served as a catalyst for the officer to take a plan of action (non of which would have been embraced), this argument would have been nute.

    Officers do not enjoy placing drivers or vehicles out of service. It is not a pleasurable experience. Believe it or not, officers are there for the driver's/carrier's safety, and to protect their wallet from those who cut corners and underbid competition. If the carrier and driver are running honest, there "should" be nothing to worry about.
     
    Last edited: Mar 23, 2016
  11. w.h.o

    w.h.o Road Train Member

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    Can u prove that? I run recap and on elog and it always shows last 8 days. Even if I fax it to a scale house they will only get 8 days
     
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