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7 Points for not switching to SB after Off Duty

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Noahd, Aug 14, 2018.

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  1. Aug 14, 2018 #1
    Noahd

    Noahd Bobtail Member

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    One of our guys changed his duty status to Off Duty and went to the store after completing a work day, returned an hour later and forgot to switch it to SB and recorded Off Duty for entire 12 hours rest period. Next morning had a roadside inspection and was issued 395.8E false report of duty - 7 points.
    A violation of the highest in severity for such a minimal mistake. BTW he was not doing an 8/2 split.
    Is this justified or the officer was a little toooo harsh?
     
    Noahd, Aug 14, 2018
    Noahd, Aug 14, 2018
    #1
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  3. Aug 14, 2018 #2
    Western flyer

    Western flyer Road Train Member

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    I'm not sure but:
    If your at your home terminal or
    Parked close to home you can go off duty.
    Because your home.

    Or have a motel Reciept showing
    You weren't in the truck.

    Truth is he was just being a butt hole.
    With everyone on e-logs it's hard to
    Write a ticket.
    So they have to get whatever they can.
     
    Western flyer, Aug 14, 2018
    Western flyer, Aug 14, 2018
    #2
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  4. Aug 14, 2018 #3
    ZVar

    ZVar Road Train Member

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    Thr officer might have been harsh, but he did cite the law correctly.

    My guess is your driver annoyed the office and got a legal slap for it.
     
    ZVar, Aug 14, 2018
    ZVar, Aug 14, 2018
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  5. Aug 14, 2018 #4
    gokiddogo

    gokiddogo Road Train Member

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    Driver should have said he dozed off in the tv room.
     
    gokiddogo, Aug 14, 2018
    gokiddogo, Aug 14, 2018
    #4
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  7. Aug 14, 2018 #5
    Noahd

    Noahd Bobtail Member

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    The driver is a super cool dude, yes sir no sir type. I have eliminated the noncooperative theory after speaking to him.
    There should be a better section code that applies here. 395.8E is just illogical.
     
    Noahd, Aug 14, 2018
    Noahd, Aug 14, 2018
    #5
  8. Aug 14, 2018 #6
    ZVar

    ZVar Road Train Member

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    Why is a false record of dity status illogical? He did log falsly. He logged off-duty while in the SB.

    Again it's picky, but not wrong. I just can't wait for the lecture from @scottied67 as he harps on this exact issue.
     
    ZVar, Aug 14, 2018
    ZVar, Aug 14, 2018
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  9. Aug 14, 2018 #7
    Noahd

    Noahd Bobtail Member

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    Illogical in a sense, that it is not the same as showing Off Duty while fueling. It does not reflect at any of the important rules (8hr, 11hr, 14hr and 70hr)
    This type of violation cannot be qualified as a false log entry.|
    Improper yes, false no.
    395.8(a) No driver record of duty status - is 5 points. Forgetting to switch back to SB cannot be harsher.
     
    Noahd, Aug 14, 2018
    Noahd, Aug 14, 2018
    #7
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  10. Aug 14, 2018 #8
    not4hire

    not4hire Road Train Member

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    You can be assured there will be more to come like this. Now that ELDs have cleaned up much of the previously low-hanging fruit in the way of writing form and manner violations, expect enforcement to be harsh and unforgiving.

    This, or some version of, "I didn't sleep in my truck..." Proof is not required.
     
    not4hire, Aug 14, 2018
    not4hire, Aug 14, 2018
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  11. Aug 14, 2018 #9
    ZVar

    ZVar Road Train Member

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    How is the false log entry not a fale report in connection to duty status?
     
    ZVar, Aug 14, 2018
    ZVar, Aug 14, 2018
    #9
  12. Aug 14, 2018 #10
    Opus

    Opus Road Train Member

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    Well, don't you get the opportunity to edit your logs? Like the old days when they would let you catch up on your logs.
     
    Opus, Aug 14, 2018
    Opus, Aug 14, 2018
    #10
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