Exception???? log book entry

Back when they were flip flopping what rules to run by and they really had no rules to solidly enforce, other than being current, I was 3 days behind in Texas. Just never picked up the book. Left Ohio on Friday evening and by this time it was early Sunday morning when I left the Petro in Amarillo. I got down to Hereford and a DOT passed me going the other way. We made eye contact (never good) and he flipped around and pulled me over. He asked for the log book and I gave it to him telling him there's not much to look at, Te he hee. He did his walk around, came back to the window and had me bring the bills and permit book back to the truck. I get back there and he asked why the log book wasn't up to date. Told him the truth, I was just lazy. He asked if I remembered what I did and I said yes, I did this run all the time. I knew how to log it to the minute. He told me to get it caught up while he checked over the rest of my stuff. I got it done. He said "Guess I can't give you a ticket for falsifying your log if you never did it" and then continued to say it behooves me to keep it up to date. He also to me he could tell I had just got going from Amarillo like I said and he wasn't going to shut me down, which he technically could.

He was an "older" officer who had been doing it for years. We had a good conversation while I was doing my log and he was filling out my inspection. He commented on how "clean" I keep my permit book and log. He gave me a passing inspection and let me on my way. I firmly believe my attitude and his being an "experienced" officer made it possible for him to give me leniency.

 

It isn't ignored, it is used, like psanderson said, the exception allows the officer to NOT PUT YOU OUT OF SERVICE. But he can (and usually will) write a citation for not being current. Also read carefully, it says current for the previous 6 days, and the exception allows you to get the day 7, and current day up to date..anything beyond that puts you out of service.

But like roadmedic noted: why would you be not current to current time? Are you in such a rush that you can't spend 1.5 minutes to draw a couple lines and put a location in the notation. If that is the case, your schedule needs to be redone, or your planning should be better maybe.

 

psanderson, and dieselbear have both attested to this fact; your initial attitude will determine the officers initial, and continuing attitude when you get lucky enough to speak to them with license, log, med card, and registration in hand.

Your choice, you can 1) change your name to "Sir Richard Cranium" and get the abuse you deserve, or 2) humble down, be honest, and cooperate, you might just get a talking to and be on your way.

[ the Sir Richard Cranium translates to: Richard = DICK, and Cranium = HEAD get it?

 

Never should one lower ones self to a LEO !
Its the Officers Duty to extend respect and professionalism,"FIRST"
As robotic as it(they) may appear most do a good job with it.
As a Driver you shouldn't show weakness or humbleness,look the officer in eye when speaking and provide what ever is needed to suffice their request.
NEVER,use an excuse as your opening line with an officer,regardless of why you are dealing with them.

EXCUSES get you profiled as guilty and their set to follow the blood trail,the rest depends on how long they follow it or whether there is probably "cause to".

Less is more when dialog is concerned when dealing
with any LEO.Answer questions clearly and quickly then keep your mouth shut.
They DO NOT CARE about your personal opinions so keep them to yourself.
Stay relaxed,body language is very important.You dont have to stand at "attention",
but shuffling around kicking rocks,fumbling in your pockets or using excessive hand gestures while talking will keep the officer on edge and attentive to your every move.
All of this is assessed in mere seconds by the officer,so it doesn't take long to get on the bad side of one.
Speaking of "bad side" . . . .
Whatever side the officer carries their weapon on,always stay opposite of that weapon and at least arms length distance from the officer and they will be more at ease.

One could write a book on dealing with roadside LEO's.

 

Yes, it is an exception. If you were only that far behind and the exception allows you to catch up without being placed out of service herein lies the exception to being placed out of service (remember what I said about the title of the rule giving you a clue as to what the rule is about????....in this case the title of the rule, 395.13 is DRIVERS DECLAIRED OUT OF SERVICE.........the exception is that if you were only behind as the exception tells you, then you wouldn't be placed out of service). But you were still in violation of 395.8(f) (not current to the last change of duty status). You were therefore in violation of that rule and could be cited for your failure to be current to the last change and the citation would be for a violation of 395.8(f) but you would not be placed out of service. But all citations are discretionary. Any enforcement officer has what is called discretionary power. Simply stated, it's at the officers discretion if or not he/she wishes to issue the citation depending on a number of factors.

You are also very confused. The FMCSA IS THE D.O.T. FMCSA stands for Federal Motor Carrier Safety Administration. The FMCSR (Federal Motor Carrier Safety Regulations) come from the United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA). When you say "the DOT", I usually become riled in this forum and ask "Which D.O.T."? I was a Federal Agent for the U.S.D.O.T., no different than a federal agent for the FBI, TSA, INS, CIA, or DEA. When you merely say DOT and I ask the above question I usually also add that I can think of at least 53 or 54 DOT's. There is the U.S.D.O.T. which is subdivided into entities such as FHWA (Federal Highway Administration), FMCSA (Federal Motor Carrier Safety Administration), FRA (Federal Railroad Administration), PHMSA (this used to be RSPA) (Pipeline and Hazardous Materials Safety Administration...what used to be Research and Special Programs Administration....the hazardous materials people...this is where my speciality was and from where I received my paycheck), FAA (Federal Aviation Administration), NTSB (National Transportation Safety Board), at one time the USCG (United States Coast Guard) was also a part of the USDOT, and many others. Then every state has a DOT. Many cities have a DOT.

The people you run in to on the road are most usually enforcement officers from, and employees of, the individual states which have been certified to enforce the rules by the FMCSA, however federal agents from the FMCSA are also required to put time in at various state inspection/weigh stations as well.

 

You need to ask my neighbor this question LMAO.

15 minutes from the house, after a weekend off. And shut down for 10, he was still on Fridays page.

 

IT IS ALWAYS up to the presiding officer

 

OK, not being a DH, but you lost me on the "presiding" officer. I have heard of "Presiding Judge", but never the "presiding" officer.

Just asking!

And when I say Humble Down, I am saying; don't get in the officers face,as Joe Friday used to say..."just the facts maam, just the facts."

 

You can pull out a copy of your road bible if you want to, but you would be asking for trouble. This would constitute "getting in their face" and I don't believe any LEO appreciates someone telling them how to do their job. I would be willing to bet that there are at least a dozen trivial rules in that mish-mash of a bible that you are not aware of, but the officer would be more than happy to make you more familiar with them. After paying the accompanying fines, you would probably throw your bible in the trash, never to be waived in a LEO's face again. And, you would know quite a few more rules than you did when you began. You are at the mercy of the inspecting officer, and ticking him off by insinuating that he doesn't know the rules that he was trained to enforce is not the way to get on his good side. Just take your medicine and gripe to your fellow drivers at the next truck stop or here on this board -- much easier on the wallet IMHO.

 

Do you really and truly believe you, or the vast majority of drivers similar to you (but not all as some drivers are extremely conversant with the rules), know more than an enforcement officer regarding the rules/regulations? And then you ask why a driver doesn't preach the rules to the experts? It's very clear that you don't know much about the rules or you wouldn't be asking questions and making statements such as yours in this thread. You suggest something that is clearly naive and insane. There are 447 rules in that little green and white book/volume published by J.J. Keller the carrier gave you when you came on board with them. And there are 13 books/volumes that size covering all modes of transportation. In that book you received is part 40, and parts 382 through 399 if that much. All volumes cover parts 1 through 1699. I was required to know all 13 and you don't know the first one yet. Perhaps you should come back when you know the first one before you make such a silly statement as the above. If you did this to me I would nit-pick you and your vehicle with a fine-toothed comb. Then we'd see who knew the rules.