Correcting log book violations

You are correct that you use the time that your home terminal is in §395.8 (f) (8). Your log will show the main office address so any time stamped piece of paper would have to be adjusted to match your log. When I say adjusted a small note on that paper will explain everything. The best thing to do is go by the regulations and log it legal. Buy yourself the pocketbook FMCSR at any truck stop for about $5. Then if there's any questions bring the book out and say here is what it says.

 

The time required to be used is determined by where your Home Terminal is located. That's the law. And that is determined by your motor carrier. It doesn't matter what any "Time Stamped" receipts show. You're also in violation for not turning in your duty status within 13 days. Sorry to tell you this.

 

If you look in FMCSA part 395 under the Guidance Section, there is Question 8 that states: "May

 

A SEVEN YEAR OLD THREAD???? REALLY?? For your first post?????

 

In the Guidance Section of the FMCSA, under 395.8:

Question 8: May a motor carrier return a driver’s completed record of duty status to the driver for correction of inaccurate or incomplete entries?
Guidance: Yes, although the regulations do not require a driver to submit “corrected” records of duty status. A driver may submit corrected records of duty status to the motor carrier at any time. It is suggested the carrier mark the second submission “CORRECTED COPY” and staple it to the original submission for the required retention period.

I am the part of the company that asks the drivers to submit a "Corrected Copy" of the log when they make a mistake. If the driver doesn't want to that's okay. What happens is that the driver submits an incorrect log, log off doesn't match the time punch, he has a false log, the driver puts the incorrect date, false log, although a driver does the pre and post trip inspection but fails to put it in his log, violation. Driver adds his times incorrectly, false log violation.

A driver can only be written up so many times before he is terminated. In my position I try to prevent that. Why, because I am not the one "auditing" the logs. I am just checking the logs to see that the drivers are doing them correctly. If not I give them back, let them know that they have made a mistake and it's basically up to them whether they want to correct and re-submit. I personally prefer that they do it right the first time, however, I offer an opportunity to do so. Not every driver can completely grasp some of the new HOS rules. My job is to be the Subject Matter Expert. I have the opportunity to help the driver in submitting correct logs, FMCSA allows for that. Now to completely redo 90 days worth of logs, that is insane and shows me that someone was getting paid and didn't do their job. I hold to the phrase that if you do it right, you can inspect and audit all you want. You may a mistake here and there and most of the time it will be form and manner because in the auditor's understanding...differs from how you understand and it is up to you to "plead your case" to the area director and see if you can get the violation reduced or eradicated. Bottom line is if part of your Safety Bonus relies on the driver submitting DDLs that are correct, I'm adding a way to assist the driver in achieving his bonus, which usually means more $$$ in his pocket.

Just saying there are worse things that could happen...