Are EOBR's creating a "new" new breed

Discussion in 'Experienced Truckers' Advice' started by Old Man, Jun 16, 2013.

  1. Ghost Ryder

    Ghost Ryder Road Train Member

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    Find me the regulation that says you have to log fueling for 15 minutes regardless of the actual duration. That's all I ask of you. You can't do it, can you? That's OK. Just remember that there's a difference between company protocol and federal law. Oh, and flagging it is still logging it.
     
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  3. ironpony

    ironpony Road Train Member

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    You log it as you do it. Anytime you "flag" fueling a truck, you are possibly bringing into question the veracity of your entry. Submitting a fraudulent document (including your logbook) to any agency or department of the US government is a felony... that includes the US Department of Transportation.
     
  4. tinytim

    tinytim Road Train Member

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    I've fueled in less than 15 minutes many times. Logging it as 15 minutes when it was less would be less than honest wouldn't it?

    Anything less than 15 can be flagged. Noting location and duration is required.
     
  5. Ghost Ryder

    Ghost Ryder Road Train Member

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    Flagging is still logging. I say again:

    FIND ME THE REGULATION THAT SAYS FUELING MUST BE DONE IN 15 MINUTES

    Logging 15 minutes for fueling when it only takes 5-8 minutes is fraudulent, is it not?
     
  6. ironpony

    ironpony Road Train Member

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    ONLY if it took you less than 7.5 minutes to fuel and do your PTI. IF it didn't, you just filed a fraudulent log. LOOK UP THE FMCSRs and FEDERAL LAW on your own time, or pay me $500 per hour to do it fer ya!

    Us truckstop lawyer's ain't cheap! :biggrin_25523:
     
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  7. tinytim

    tinytim Road Train Member

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    That is incorrect.

     
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  8. Ghost Ryder

    Ghost Ryder Road Train Member

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    Now you're seeing my point, but it's 15 minutes and not 7.5. If it doesn't take 15 minutes, you don't need to log it as 15 minutes. You flag it.

    :biggrin_25512:

    FINALLY!!! :biggrin_25518:
     
  9. ironpony

    ironpony Road Train Member

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    Not according to the FMCSA. Less than half of a 15 minute period is what they expect for flagging, otherwise it's a full 15 minute period. And... if y'all haven't figured this out already, you can't lie to the government.
     
  10. Ghost Ryder

    Ghost Ryder Road Train Member

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    Again: Show me the regulation.

    You have just been proven wrong. Why dig yourself into a deeper hole?
     
  11. ironpony

    ironpony Road Train Member

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    You're the one who's dug the hole. Logging fuel stops with a flag. We all know it doesn't take 5 minutes to fill your tanks... or even 10. That Swift truck in front of you whose been in the shower for the last 20 minutes? Getting your ticket, a Subway, giant soda, 15 bags of chips? Rappin' 'n dappin' with whoever? You're probably the guy I'm PO'd about for taking 25 or 40 minutes to fuel his truck.

    So, you drive down the road and get into a fatal accident with a logbook like that. A personal injury lawyer is going to fund his retirement for life with your negligence. Say 15 minutes every other day for fuel for a year... that's 15 minutes times about 182 days is 45.5 hours of unlogged line 4 time that you obviously drove on. You couldn't have been where the accident occurred just through your fraudulent logging. Easiest thing in the world for one of those leaches to screw you over.

    Or perhaps it wasn't just a car... how about a school bus full of kids? The DA will take interest in that one. Like the fool who killed a bunch of kids in Minnesota several years ago. They didn't bother with vehicular homicide, negligent homicide, manslaughter. They put him away on multiple counts of filing fraudulent documents with the FMCSA... his logbooks. 2 years at a crack in a federal penitentiary served consecutively.

    So you laugh... read the FMCSRs. It's all there.

    395.8(e) Failure to complete the record of duty activities of this section or § 395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable for prosecution.
     
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