$2800 log book violation ticket

Sometimes more than once a day if you drop & hook.

TITLE 49
TRANSPORTATION CHAPTER III
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
PART 392_DRIVING OF COMMERCIAL MOTOR VEHICLES
Table of Contents
Subpart A
General
Sec. 392.7
Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.

 

Awwww, c'monnnn! The brakes had to be in good working condition or he would've got a "Failure to Stop" when he got the red light! Besides, any truck driver knows that when ya' kick the tire, if nothin' falls off---Yer good ta Go! Says it right thar in the book...somewhere...I think it does...aw, SURE IT DOES!

 

Questio to anybody that can help.. im new to truckin so i am unsure if this is a bogus log violation and if it is how can i fight it .. i got my log book checked in new mexico it was about 230 at night i started driving at 930 at night .. and the guy at the scale gave me a log violation because he said when you roll into the next day i am suppose to pull over at midnight and start the new page for the new day.. now as far as i know you only have to log everytime you stop.. help and let me know if im right and if so how do i fight it... who do i contact.. thanx

 

i just note the miles at midnight an finish the day at the next change of duty status

 

It says NOTHING about starting a new day at 0001! If you had the last change of duty status line drawn down to line 3 when you drove onto the scale then you were good!

Take it to court with this section open in your book! 395.8 Driver's record of duty status (f)(1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.
(h)(3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of driving time, as defined in §395.2.

Then hand the book to the DA and have them PROVE beyond a reasonable doubt that you were in violation because the log didn't not show the day you were on IF you were driving and not quite to your planned NEXT change of duty status!

But you will not find where it says you have to stop at 12 midnight to start a new day!

Now a word of advice: If I know I'm driving past that magic time I go ahead and fill in all the BS lines I need to before I pull out! I've heard this story before and never have been able to find it in the FMCSA book or on line and I just do not want to take the time to go to court! There are some DOT cops with funny glasses on that see funny things!

 

Dave Nemo on sat radio has " Ask The Law " and this very question was asked, and the caller recieved a ticket for not being current on his logs cause ge drove into the next calendar day, the Ask The Law guy said there is no written law and that dot gets away with it cause drivers a scared of getting more tickets, so he suggest that since a driver knows that he will be driving into the calander day that before you start your trip you should fill out the log for the next day....

 

Rollover,

That's they way I see it too. Never heard that you had to get the page started at midnight if you were still driving.

 

I have never stopped at midnight to do my log, I do write on my notebook what my miles at at 0000, and i hit the button to reset my daily counter.

 

you guys have been a great help.. thanx

 

Thanx again ,, but one more thing.. if i take it to court to i have to go to the state where it was issued.. im in NV.. it was in New Mexico..