The Great Logbook Scam

WTF??

States can't legislate a law determined to be unconstitutional in the broader view, but they sure as heck can make their own laws.

Try driving through VA with a radar detector on your dash. If you're going to litter do it in a fine state, not a felony state etc. All the states are different.

Ummm.. don't have an ice cream cone in your pocket in front of a church in GA.

 

Yea...I learned that the hard way. What would YOU do for a Klondike bar?

 

More misinformation. First off, I have to touch on your idea that local government creates chaos. Try finding youself a hooker in Compton CA and you are likely hooking up with a pair of cuffs (and I don't mean the fuzzy kind). Do that in certain places in Nevada, and you will face none of the legal implications. Smoking pot up in Humbolt CA might get you "hey kid, twenty feet away from the police station entrance" from the cops, but do that same thing in Hollywood CA and you are gonna eat pavement. Traveling through "dry" counties in Texas? Pick your route carefully. Local government works because it meets local needs. What I think you are saying is that discrepencies between one culture and another creates chaos. Nothing can be farther from the truth. Who taught you law?

One monolithic set of laws for an entire country called CFR is not how this Republic is run. It doesn't work, and it never will.

Aside from that, I think you should really read up on constitutional law before giving legal counsel to drivers. States make up their own laws, in case you haven't been noticing. They even make laws that go against the grain of Federal Agencies, like the DEA. Try tattling on a cancer patient for smoking weed in San Fransisco and see how well your CFR works out.

Refer to the tenth amendment.

 

Here's a thought. If, as Ancient Mariner stipulates, the companies are solely responsible for enforcing logbooks upon the drivers as company policy rather than Federal law, wouldn't the companies then be able to enforce their own policies on how the logbooks are filled out and maintained? Seems to me that this thread has the possibility of leading to bad situations for us drivers who want to make a living without endangering others.

 

Interesting posts. But in all honesty, extra work (saying what I did) on top of my normal work (driving) is not that big of a deal. It is what it is. Although I too enjoy thinking outside the box on how things could be better, in all honesty if it proves to be that big of a deal, perhaps I should stop calling myself a trucker and go back to doing something else. ....On second thought, I'll just log myself under line #2 and call it a night.

 

excellent post and very informative thanks
i learned something today

 

I've heard the same thing when it comes to an IRS audit...They will ask you to bring in all your receipts, records, etc. etc. WHICH WILL BE USED AGAINST YOU...The 5th amendment allows you to withhold those documents if they're to be used against you, doesn't it?...Don't they have to make the decision based on the information they have, not what you provide?...

 

The Fifth Amendment refers to "criminal offenses".

When executive branch agencies such as the Dept of Transportation are created they are created by law (Congress passes and the President signs) and usually are given regulatory authority. That is they can create rules/regulations through a public rulemaking process. This usually starts with a "Notice of Proposed Rulemaking" and followed by a period of public hearings and comment period (Held at several locations around the country and now days on the internet). Then it/they are either adopted or scrapped, if adopted published in the Federal Register and codified.

One has to recognize different areas of law. CFR's are legally binding but are not part of criminal law as mentioned in the Fifth Amendment. The area of law concerning CFR's is usually referred to as "Administrative Law", an area of law which results in "civil penalties" not "criminal penalties", therefore the Fifth does not apply. If criminal issues are at stake, they are using criminal law rather than Administrative law (CFR'S) and you will receive your Fifth Amendment rights. Your attorney will get paid by you to insure this.

The IRS uses CFR's also, although there are times when criminal laws are invoked.

Best regards