ELD question!

Discussion in 'Questions From New Drivers' started by Kspin6, Jun 13, 2021.

  1. Kspin6

    Kspin6 Bobtail Member

    Jun 12, 2021
    Ok so I run local usually within my 150 air miles, and last week was my first time using my ELD on a long haul. Thing was a #### but anyway, on the last leg of my long haul I ran out of drive time by about 30 minutes, I run a day cab and was literally so close to home so instead of getting another hotel for no reason me and my boss decided to just commit the violation and have me run the rest of the way home. Now I’ve done my 34 hour reset. Now on Monday I’m gonna be doing another long haul out of the 150 air miles so I’ll be using the ELD.
    Is that violation still on the ELD if I get pulled over? I’ve read some things saying it’ll be there for 7 days.
    I’ve also heard some people say after the 34 hour reset it won’t show up. What’s true here?
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  3. ibcalm19

    ibcalm19 Heavy Load Member

    Nov 30, 2015
    Violation will still show up if you were to have a dot inspection. . They would read the past 8 days of eld history. The information you received about it coming off after 34 was wrong. If you were finished with work for that day. To avoid that violation all you had to do was log off then come back on as off pc(personal convenance). Now maybe your boss didn't know that was available. For the future know that you & the company can receive the citation and fine for that violation. It seems minimal. The problem arises when there is trouble(i.e accident or you get inspected) in the course of making a wrong decision.
    Now you know what is available to you. Use your time wisely all the best to on your journey.
  4. slow.rider

    slow.rider Road Train Member

    Apr 4, 2017
    You have the final say, not your boss. You might have agreed with him but ultimately the decision is yours. If he instructs you to violate regs again in the future, and you dont want to make a stand over it, do what you can to at least get it in some form of writing, to help with the CYA factor. And as was mentioned, you have other options available when delayed at shipper or receiver or by traffic. Some of these are recent changes - within the past year - so you'll want to review and refresh your understanding of that aspect.

    And just to clarify, a DOT inspection will not necessarily lead to discovery of the violation. A lot of times they only look at the unit to make sure you're not over your 70. If they have you do the email thing, then your odds of exposure multiply. But even then, a single violation of a few minutes isn't usually a big deal. They're mainly looking for chronic violations, or going over your 70.

    As far as visibility, there's several layers. They can see back 6 months if they really want to.
    Last edited: Jun 13, 2021
    tscottme and ibcalm19 Thank this.
  5. Cattleman84

    Cattleman84 Road Train Member

    Nov 1, 2017
    The Sticks, Idaho
    If you were going to keep going that lost 30 mins, then you did it the best way... If you had used PC for that last 30 mins it would be considered "Falsification of Logs" which is alot of points as well as an automatic OOS if within the last 8 days. By simply going over your hours it is not an automatic OOS if you have completed the required rest break to regain hours since the violation.

    Yes the violation will still show, and you could get dinged for it on an inspection, but highly unlikely they would put you OOS... Unless the LEO is a complete ###.
    tscottme, MACK E-6, Kyle G. and 2 others Thank this.
  6. Frank Speak

    Frank Speak Road Train Member

    May 3, 2016
    Hot Springs, AR
    Your boss was kind of dumb for doing that. They can walk into his office and go back for months if they want.

    Side note: When I was on paper logs, I had a DOT at the Bovina, MS scale house flip through my whole log book (about 20 days worth).
    MACK E-6 Thanks this.
  7. abyliks

    abyliks Road Train Member

    May 2, 2010
    ludlow MA
    You only need an eld if you are running out of 150 miles more then 7 times in a 30 day period
    lester Thanks this.
  8. Moose1958

    Moose1958 Road Train Member

    Dec 17, 2010
    Hampton Virginia
    The way I read and understand 395.13 (b) (3) a state DOT officer is PROHIBITED from placing a driver OOS in this kind of situation. There was a violation! Then there was a reset that reset the clock. As long as the driver is current and not currently in a HOS violation the driver can't be placed OOS, they can be cited as you said, however, and have this information be a part of their CSA/PSP data as well. In my view, any DOT officer that would cite is being a total Richard!

    §395.13 Drivers declared out of service.
    (a) Authority to declare drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this subchapter) is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section.

    (b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

    (2) No driver required to maintain a record of duty status under §395.8 or §395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days.

    (3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.
    Cattleman84 Thanks this.
  9. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    Jan 13, 2013
    SW Arkansas
    That happened to me in Iowa. Guy found a day where I didn't write the number"24" in the space for total hours and wrote me for it. After that all I ever gave them was today plus the last seven.
  10. God prefers Diesels

    God prefers Diesels Road Train Member

    Jun 26, 2020
    South Texas
    What a F'n joke. What else would it add up to??
    kemosabi49, Frank Speak and MACK E-6 Thank this.
  11. MACK E-6

    MACK E-6 Moderator Staff Member

    Sep 19, 2005
    Baltimore, MD
    it could add up to eleventeen and an officer might not be able to figure that out. :biggrin_25523:
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