ELD glitch or true HOS violation?

Here is the scenario:
Driver started day at "home base" at 3:33am, he was on duty/driving for 8 hrs (not counting his 30min off duty break) and then signed off duty for 3hrs 55mins cuz he had personal business to take care of. He returned to onduty/driving status and drove for 3hrs 20mins to return to "home base" to end his day at 7:53pm.

The (RoadLog) eld gave him a violation for that day - "driver has driven property carrying vehicle for 1hr 19mins after end of 14th hr after coming onduty.

 

Violation. the HOS doesn't stop unless he has more than 8 hours off.

 

Thanks Ridgeline!!! I'll let the driver know for future reference.

 

The 14 hour clock expired at 1733 (5:33 pm). Any drive time after that would be a violation. The only way to "pause" the 14 hr clock is to take 8 consecutive hours in the sleeper berth (if you're in a day cab truck, you can not use the split break)

 

Yep Mine resets with 10 hrs off duty.....He went over his 14 hrs without a reset to get another 14 hrs. Violation......

 

Violation: he drove over his 11 hours ....

 

Nevermind,

 

Minor correction.. Violation. the HOS doesn't stop unless he has more than 8 hours off in the sleeper berth.

But this is basic HOS stuff that not only the driver should know, the company should also. Go buy the little green book published by JJ Keller and read and absorb both Parts 395 and 393 specifically. It will save a lot of headaches for both the driver and company.

 

JJ Keller should still have their log audit course, it shows all about that stuff.

 

If that driver doesn’t understand how the 14 hour clock works or how to operate his ELD then you really need to get him trained properly. If he blatantly disregarded the HOS then that’s even worse. Can you imagine the lawsuit and DOT penalties your company would face if he got into an accident while driving illegally?