Exception???? log book entry

Discussion in 'Trucking Industry Regulations' started by harleyg, May 22, 2009.

  1. harleyg

    harleyg Light Load Member

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    FMSCA... No driver required to maintain a record of duty status under 395.8 or 395.15, of this part shall fail to have a record of duty status current on the day of examinatin and for the prior 7 consecutive days....
    EXCEPTION: A DRIVER FAILING TO HAVE POSSESSION OF A RECORD OF DUTY STATUS CURRENT ON THE DAY OF EXAMINATION AND THE PRIOR DAY, BUT HAS COMPLETED RECORDS OF DUTY STATUS UP TO THAT TIME (PREVIOUS 6 DAYS ) WILL BE GIVEN THE OPPURTUNITY TO MAKE THE DUTY STATUS RECORD CURRENT..

    how many take advantage of this ??? COMMENTS WELCOME
     
    Last edited: May 23, 2009
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  3. psanderson

    psanderson Road Train Member

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    What advantage? There is no advantage to the 395.13 rule. All it allows you to do is give you a reasonable amount of time to catch up your log if you're that far behind (today and the previous day assuming the rest of them were completed). You can still receive a citation (ticket) for being that far behind because the rules require you to be current to the last change of duty status pursuant to 395.8(f). You're just not placed out of service for being behind that far. After all, just look at the title of this rule........"Drivers Declared Out Of Service". The title of any rule gives you a clue as to what the rule is about.

    From a retired federal DOT official
     
    Last edited: May 23, 2009
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  4. bigcountry30

    bigcountry30 Light Load Member

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    You are a retired federal DOT? If so I have a question for you. Since it is illegal to carry a firearm in a cmv what type of weapon is acceptable to carry for self defense?
     
  5. psanderson

    psanderson Road Train Member

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    Check the laws of every state in the U.S. & when you see you may have a "weapon" let me know.
     
  6. Roadmedic

    Roadmedic Road Train Member

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    I think it comes to the fact that most companies have policies that prohibit it.

    You live in a state that has ticketed CMV for having loaded firearms in the truck.
     
  7. otherhalftw

    otherhalftw R.I.P.

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    Better get real good with that tire thumper driver..about all you will find to be legal..besides your truck of course!:biggrin_25525:
     
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  8. notarps4me

    notarps4me Road Train Member

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    I am a flat bedder. I have a small nail puller, sort of like a crow bar only it is about a foot long. Solid steel hexagon shaped (bought at lowes) Has a hook on the end to pull nails. Great tire thumper if you use the skull crushing side. The other side would penetrate the skull and get blood and brain matter all over you... plus blow the tire your thumping...:biggrin_2554: Multi- tasking tool...:biggrin_25520:
     
  9. harleyg

    harleyg Light Load Member

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    sO BASICALLY THIS SO CALLED EXCEPTION IS NOT ONE AT ALL AND CAN NEVER BE YOUR FREIND IN TIME OF NEED???? iT IS TO THE DISCRESTION OF THE DOT TO ALLOW TIME, OR DOES THIS EXCEPTION MANDATED IN THE FMSCA OVER RULED BY DOT?>??? AND IF NOT IT IS STILL IN THE DECISION OF THE OFFICER WHETHER TO WRITE YOU UP OR NOT!!!???
    AND THIS SO CALLED EXCEPTION IS NOT WORTH THE INK IT TOOK TO RINT IT AM I ON THE RIIGHT TRACK??? WELCOM TO AMERICA THANKS
     
  10. Roadmedic

    Roadmedic Road Train Member

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    This exception is not really a practiced item.

    Drive into the scale and before you get on the scale, the officer comes out and asks for your log book. He then says cross the scale, park and bring in the registration and permits. Since he has the logbook, no way to bring current. If you were running without being current, you deserve the ticket.

    Sorry, but I am always current.
     
  11. harleyg

    harleyg Light Load Member

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    this is what im trying to figure out, why if the fmsca states it in the road bible then why dont drivers carry a copy and turn to said page and paragrapgh and show that to the officer??? Will he just get hassled that much more?? Will he be given the oppurtunity and then given a ticket by god.. Why is it something is printed into existence,, then ignored?? Or the one who decides to point it out may get reprimanded!!?? Welcome to america
     
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