Yes, Ladies and Gentlemen, Falsification of a Log is a Felony.

Discussion in 'Trucker Legal Advice' started by truckersjustice, Jul 9, 2017.

  1. x1Heavy

    x1Heavy Road Train Member

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    scythe08 and Danny N Angel Thank this.
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  3. Ridgeline

    Ridgeline Road Train Member

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    Thanks I knew about that one but I want to see cases from his point of view to back it up so others will know what's what and how much liability one has as a driver.
     
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  4. scottied67

    scottied67 Road Train Member

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    They have upgraded trucker logbooks to federal documents because this is part of their agenda to get all truckers on ELD. Even those 1999 and older trucks. If they can now say log falsification is a felony, even if OOIDA succeeds in defeating ELD through Congressional powers, in the end you can't beat a felony.

    First they came out with CSA to ding the carrier for the drivers' indiscretion with their logs. Then they added additional points to the violation if it included out of service. Still truckers are kicking and screaming to the ELD table.

    So now they make missing a digit (form and manner) or blatantly falsifying (illegally logging Off Duty while in the Sleeper for example) a straight up felony.

    I warned y'all this was gonna happen.

     
  5. Diesel Dan 92

    Diesel Dan 92 Light Load Member

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    I think the current HOS rules are stupid.

    I sure am glad I don't have to keep a log.
     
  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    In the cases I've seen where drivers end up doing hard time for log falsification, there is always an aggravating factor such as an at-fault fatality. Where he might have walked away with a citation for failure to yield or failure to reduce speed had his logs been correct, the falsification charge and fatigued driving charges are added to punish the big scary truck and secure vengence for the deceased person's family. Love it or hate it, it's the game we all play. Even if you try to do everything right, doesn't mean they won't demonize and throw the book at you if something goes wrong.
     
  7. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    As above. I doubt that any DA is going to go to trial trying to convict on the single charge of log falsification. Since 95% of all prosecutions are plea bargained down, that would be 1 unlucky driver to get that charge to stick.
     
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  8. sealevel

    sealevel Road Train Member

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    So is getting caught in the barn with your first cousin. Some laws are just down right silly:rolleyes: I would never falsify a log but...
     
  9. Ridgeline

    Ridgeline Road Train Member

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    Now I just wondered about this - the FMCSA doesn't have the right to prosecute a driver, that only comes from the states so who is the agency that does the enforcement?
     
  10. Sublime

    Sublime Road Train Member

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    Some states say they don't have to enforce federal law as it relates to immigration... Wonder why they'd be so gung ho to prosecute a log book falsification?
     
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  11. scottied67

    scottied67 Road Train Member

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    It likely won't be a problem until there is a fatality crash. then Discovery will uncover things like a driver swiping their ATM card at the same time they are logged Sleeper or something. Or perhaps logged Off Duty at a customer which we all know is illegal.
     
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