Level 1. OOS

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by GhostWolf, Feb 4, 2020.

  1. GhostWolf

    GhostWolf Bobtail Member

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    Feb 4, 2020
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    The dot wanted to see my logs so he, i gave him my phone and he emailed the logs to himsel. He can only see last 7-8 days. The 3 pics in black are logs from the phone app where it shows Im in sleep until the 3rd in CA.the white one are from our system where its off duty for the past 3 days. I didnt tell dot about having a co driver and so on since he can only see last few days. Lastly the viloation.
     

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  3. Long FLD

    Long FLD Road Train Member

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    With Keep Truckin on the normal home screen that I see today it goes all the way back to January 22. Once I switch it to Inspection Mode then it shows only 8 days but with all the info required with the output files.
     
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  4. aaronpeterbilt3787

    aaronpeterbilt3787 Medium Load Member

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    This is the problem with elogs. Now that Leo has a harder time catching you on things, they are nit picking over trivial bs. Really? OOS cuz you stopped driving as a team because you were sick?? Ridiculous. As far as false logs due to showing constant sleeper birth.....that’s ridiculous as well. Do you know how often I use sleeper birth? Hardly ever. Off duty 8 or 10 hours. Prove I was in the bunk. I was at a friends house. I have friends everywhere. I met a girl on tinder, went to her place. It’s really none of their business what I do while off duty!! And before any of you start with the “technically illegal” comments......are you dot? Or just trolls?? Sniff sniff......I smell them coming already.
     
  5. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I agree, it's none of their business. As a single op anyway. And it was pretty C.S. of the cop in this case.
    But as far as showing sleeper berth time, if you are a team, you had better show it. You were obviously not at your girl friends house while you team mate drove.
     
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  6. aaronpeterbilt3787

    aaronpeterbilt3787 Medium Load Member

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    I agree as a team driver you better show your minimum 8 in the bunk. But this case is very chicken #### move on dot. Ppl don’t get sick? Come off it. You know why he didn’t issue a ticket? Cuz he knew it probably wouldn’t stick. Much harder to fight the OOS without a ticket. Where I run I have very limited encounters with dot/MTO. But I once demanded a ticket when MTO was gonna issue a warning. Suddenly the warning disappeared altogether. Funny how calling their bluff works sometimes.
     
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  7. brian991219

    brian991219 Road Train Member

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    D,

    I just saw this tag so I know I am late to the party. I believe you are on to something about the log not properly recording a team driver, although this issue happened outside the 8 day window so roadside should not have even asked about it. It does not matter where he went off-duty as long as he had enough off-duty time to be legally back on-duty, which he did, and he had his previous 7 days in his possession.

    Doing the driveaway work I currently do my logs have this issue all the time. Once I drop a truck I am off-duty in that city until I begin travel to my next pickup or actually pickup another truck. It is very common for me to log off in Greencastle, PA then take a rental car home to Scranton, stay home for a few days then fly down to Gainesville, GA to pickup a car hauler for a customer. My log will show off-duty in Greencastle then on-duty at home in Hawley with about 5 hours on-duty not driving time for my flight and Uber up to Cottrell.

    Even with this being the same truck he was last driving as long as he had a plausible reason for why he logged off in CA and didn't log back on for a few weeks later it is none of the officer's business where he was or what he was doing in an off-duty status.

    I would DataQ this with the explanation of what happened, the co-driver's logs for the trip home from CA and any other proof he was not driving. Now, if the ELD records were not showing him as co-driver on the other driver's logs, and the other driver's name on his log then don't even bother as that is a legitimate false log to not have the co-driver listed in a team operation. Although the officer should not have seen the logs from 8 days past, without having the co-driver properly recorded they will not be used as evidence to reconsider the OOS.

    As much of a pain as it was, and the 10 hours OOS sucks, it would have been better to have been cited. Then a reasonable Judge could have dismissed it and the OOS would have to removed from the CSA score. If it were not for the damage that an OOS does to the CSA score I wouldn't even worry about this violation, just chalk it up to a lesson about making sure co-driver ELD records are properly synced and signing off-duty properly on your device.
     
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  8. mhyn

    mhyn Road Train Member

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    the Garmin ELD will show the day and time when last time it was powered on. sometimes that day is 2-3 month old
     
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  9. npok

    npok Light Load Member

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    I wouldn't be surprised at all if an ELD didn't function properly & spilled it's guts to a DOT. Heck, Verizon's app doesn't highlight/mark edits or violations.
     
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