Appreciate some advice (complicated situation) on no log book violation driving for local company

state lines are not mentioned in the regs.

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers Guide to HOS 2015_508.pdf

Interstate Truck Driver’s Guide to Hours of Service
Exceptions From the Hours-of-Service Regulations
Category
Type of Exception
Conditions That Must Be Met
49 CFR
Section
100 air-mile
radius driver
(Also see driver
salesperson)
• Logbook not required
• Report and return to work reporting
location within 12 consecutive hours
• Stay within 100 air-mile radius of work
reporting location
• Keep time records showing time in, time
out, and total number of hours
§395.1(e)(1)

 

State lines have no effect on the 100 air miles or short haul exemption.

 

https://www.fmcsa.dot.gov/regulations/title49/part/395

Scroll down to question 21. Immediately upon getting the dispatch that he was going to be going outside of the radius, or any time he realizes he won't make the 12 hours, he should have begun to fill out his log for the day. He should have had that taken care of before he left the terminal, if that's where he was told he was going where he was going.

Now, I'm not trying to browbeat him, you said he made a mistake, but I'm just trying to show you what the judge and the DOT are looking at/will be looking at, and the fact that he wasn't yet past the 100 air mile radius is irrelevant to whether or not he broke the regulation.

Now, you can try anything in court and hope for the best. I always advise that. However, just be aware that the cop did do him a favor by letting him finish out the run instead of forcing him to stop on the side of the road and possibly towing the truck if it wasn't in a safe place. Letting him finish out the run was not any form of entrapment or anything like that because he was in violation the moment he left the yard without logs.

Wrong, sorry, try again.

 

State lines aren't considered for the short haul exemption. Only the miles and time. So if you live 5 miles from a state line, and cross that line, you're legal as long as you make it back to the yard in under 12 hours, and don't go over 100 nautical miles

 

Just a thought, but the original post says that the company uses E-log for full time employees. Her husband was NOT full time, and local, so he was exempted on air mile rule. Isn't it required to keep paper log, just in case E-log fails? So either way some sort of log should be in the truck. I am an O/O on paper for now, so I am not 100%.

 

If the truck had an elog in it then yes, a supply of blank pages is a requirement. I figured the truck must not have had an elog in it.

 

That's what I thought. Mentioned company uses E-Log, but not that specific truck. Either way, lesson learned.

 

OP, the good news out of all of this your husbands CSA will not be affected as he doesn't have one.

 

No. If you are using an e log to comply with logging requirements then you need to have paper backups. If you are operating under an exemption you don't need them. It is a good idea though.

 

Not paper backups as in filling them out while you go. You need to have blank sheets in the event the machine quits working so you can start filling out a sheet.