Driver Just Inspected by NY DOT...not accurate, what can we do?

Well, if he falsified logs by claiming he wasn't on-duty (I.E. PC) when he was on duty.... Doesn't matter if he had time left or not. If he was not on valid PC, he was falsifying logs. He could be back from a fresh 34. Doesn't matter.

Also the officer doesn't need to prove anything. The fact the driver was driving a CMV means he was on-duty. PC is an exemption that might or might not come into play. It's not the officers job to prove PC is invalid. By default it is invalid. It's up to the driver to prove PC is valid, and if they cannot it's log falsification.

 

In general simply be truthful. Note the logs on why (Going to movies. Going to Wal-Mart. Getting food. Etc.) It doesn't need to be a life history, but just something to show it's a valid use.
And make sure it is a valid use. Driving 11 hours and then going to look for parking isn't. Going from the shop to the parts store to get parts for the truck isn't. Advancing the load isn't.

 

Take the 10 days jail time.

 

I'd think they'd all have to. ICC can't play by one set of rules for some given states, then a different set for others.

Landstar would have said something about that.

 

One of our resident DOT said PC is easily defined as anything you would do if you were taking a taxi.

 

Problem is there are not "rules" for PC. There is a bit of guidance and some states have interpreted it harsher than others. Some states leave it up to the officer to decide.

It leaves a very open criteria we have no idea which is going to be interpreted as.

 

I don't PC very much because it is subject to someone's interpretation.

But it is allowed, or Landstar would have informed us. They have specific guidelines what is and what isn't.

A state can't just disallow it.

 

instead of taking the word of a bunch of word of a bunch of truck drivers pretending to be lawyers why not just call an attorney that specializes in transportion law?

 

While true, a state can leave it up to officer discretion. If the officer doesn't agree it's a valid use then it's not. It takes going to court to "prove" it.
Landstars guidance is just that, guidance. Just like FMCSA'a guidance is just that. Guidance.