7 Points for not switching to SB after Off Duty

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?

 

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.

 

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.

 

Driver should have said he dozed off in the tv room.

 

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.

 

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.

 

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.

 

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.

 

How is the false log entry not a fale report in connection to duty status?

 

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.