Falsification

Discussion in 'Trucker Legal Advice' started by Window licker, May 2, 2016.

  1. Retired2015

    Retired2015 Light Load Member

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    Bad thing about it is until they edit them, whatever is showing on that elog is what D.O.T. will go by if they check the driver and according to D.O.T. and the Elog All time spent at a shipper or receiver, regardless to what you are doing, is considered "On Duty" regardless to where you put the line, unless of course, you show 8 hours in the sleeper there but you still have to have enough time there to show some on duty time at the shipper or receiver.
     
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  3. Bean Jr.

    Bean Jr. Road Train Member

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    Actually there is an unless. This is from the FMCSA's idiots' guide to the hours of service; On Duty is all time spent at plant, terminal, etc, waiting to be dispatched, etc, unless relieved of duty by the motor carrier.
    Off Duty, as described in the same pamphlet is; when the driver is relieved of all responsibilities and is free to leave the truck and the facilities where it is parked.
    Now, according to the second part, if you can't leave the shipper, even if the carrier relieves you of duty, you should still be on duty, right?
     
  4. Retired2015

    Retired2015 Light Load Member

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    There is no "Unless" on that Elog. If you sit at a shippers place 7 hours, thats how many hours will be deducted from your 14 and your 70.
     
  5. tinytim

    tinytim Road Train Member

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    That's right! And the posted speed 'limit' is the absolute maximum anyone drives at.
     
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  6. Bean Jr.

    Bean Jr. Road Train Member

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    If you are relieved from duty and can leave the shipper, you can log that off duty. elogs have changed how we log, but not the regulations themselves. Most shippers will not, however, allow to leave.
     
  7. Bean Jr.

    Bean Jr. Road Train Member

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    Not even a fraction over! But you raise a point that I would like to make about elogs; if you go over 2 minutes in order to get to a safe place to park, you are in violation. So one driver says "you're falsifying your logs!" And like you never driven 57 in a 55?
     
  8. Retired2015

    Retired2015 Light Load Member

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    The only thing that will stop your on duty time on that elog is an 8 hour sleeper break. Anything else will count against your 14 and your 70- except for the other two hours that are required to get your 10.
     
    Last edited: May 3, 2016
  9. not4hire

    not4hire Road Train Member

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    http://memeshappen.com/media/created/look-out-we-got-a-######-over-here-meme-8488.jpg
     
  10. otherhalftw

    otherhalftw R.I.P.

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    Obviously you don'tknow what you are talking about. Two points completely wrong with your statement:
    1. The depression years were 1929 - 1933.
    2. Original HOS was 1938.
    Guess what, HOS and depression don't mix....nice try though, it almost sounded like something legitimate...but it wasn't!
    Another one that is talking without knowing! E-logs can be edited instantly, by either a driver or by the log/safety dept, not a dispatcher. Why wouldyou think there would be a big delay? OH...scuttlebutt from the coffee counter clutch group!
    Please help me understand how you can assume that "all time "spent at a shipper or receiver could be considered "ON DUTY" if the driver isn't doing "work related duty".


    If you quit reading into the words, and just read the actual definition, you will find your error.

    Only if you remain "ON DUTY" like a fool or one who doesn't know how to legally utilize the HOS regulations. But you forgot to mention it would count against your 8 didn't you!

    The regulations say nothing about staying or leaving a shipper or receiver.....WHERE DID YHO FIND THAT? BETTER YET...WHO TOLD YOU THAT?

    What happens if you change the duty status to "OFF DUTY", or "SLEEPER"? Get real driver! Are you a driver?
    WOW! I'd love to tak to your log person...or whoever taught you what you think is correct. How do you have any hours left to drive if you log like you talk on here? You would be out of hours before Thursday lunch and you start on Monday supper!
     
    2Girls_1Truck, Rocks, albert l and 2 others Thank this.
  11. Jazzy J

    Jazzy J Medium Load Member

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    I have been on elogs a few years with 3 trucking companies. The big ones are more serious about not changing logs. The small ones will tell just look the other way.
    I edit my own logs for on duty time. You can't edit drive time but the on duty stuff is ok.
     
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