395.8e false log

Actually it can be. 395.8e states .. "(e)(1) No driver or motor carrier may make a false report in connection with a duty status."
Not logging a stop is a false report. If you do fight the ticket, I highly suggest NOT doing with the argument it's not false to be, well, false on your logs.Use some other argument "I forget", "I thought I did", etc....

 

You were OOS. Fined? Certainly. Either by the enforcement DOT on scene or via the courthouse when you show up for summons date and time. If you fail to be there, arrest warrant issued for you.

I was OOS once by NY state. Caught me fair and square upstate. 220 fine in the late 80's money almost a thousand dollars inflated value today. Paid it via post and took off the OOS sticker and kept on trucking when it was time.

Impacts? In this day and age of intergrated computer networks and big data where you particulars are known anywhere? I don't know the answer to that question. In my time it was strictly between me and NYS and it was resolved via a fine.

It did teach me one particular part of the law regarding paper logs. As long it's not signed at end of day, whoops it's not a enforceable legal document and YOU MUST have one oppertunity to either correct the detected mistake and sign it then and there. If you cannot make corrections then they will start writing tickets.

In my time if a employer did not know of the NYS OOS incident that cost me 9 hours plus a additional day to deliver a load of salt from Akzo of Seneca Lakes to Maryland then it was not discussed.

 

he now has 21 PSP points.

https://csa.fmcsa.dot.gov/Documents/SMSMethodology.pdf

some companies put a limit on drivers who get more than x amount, and you are fired.

my company told us at a safety meeting last year, , that 60 is the limit at my company, as a few drivers have been nailed with speeding thus far.

no need for speed. the job gets done.

 

you have the website, look thru the infractions?

 

I got all this from http://www.drivertraction.com/csa_points.xlsx

Here is a breakdown ..
391.11(b)(2) - 4 points
395.8(e) - 7 points
395.8(f)(1) - 5 points
So a total of 26 points, but as it's the first year it's x3 points totaling 78 points currently.
First year is x3, second is x2, and third is x1. Fourth year they fall off.

 

A year ago I got a warning and an OOS. I was upset like you. Thought i was fired. Then I saw the 3x in first year. Wow. Even worse. Now that is past it's first year it's now 2x and I'm feeling that little bit better. At some point it just goes away. Can't wait.