Inaccurate information on level 3 inspection. No citation.

The "warning" is put on your PSP report and it might as well be a ticket, other than the fine you don't have to pay. It's not a moving violation, so there's that. It is a ding on your record and will stay with you for 3 years. I think the whole point of cops giving "warning tickets" or doing an inspection rather than the ticket is you cannot dispute the items on the inspection report.

 

Your ELD/Logs/RODS are supposed to accurately reflect what you did, not just be plausible. If the OP had claimed he stayed in the sleeper for 34 hours he might have avoided the charge. But most drivers will quickly admit what they did is different from what they logged, and that is falsification of logs. You are right about the other HOS points. But getting away with something is not the same as not violating the regs. Not one of us drives and isn't passed by speeding 4-wheelers. Very few of them get speeding tickets. None of them are authorized to speed. You can still get a ticket for driving 1 mph over the posted speed limit if the cop is in such a mood or you provoke him sufficiently.

 

I know this post is old but our safety guy said to log all 10hr breaks (breaks not being 34) as sleeper berth. All 34's as being off duty. Because you can't possibly keep up with flipping back and forth, SB to Offduty for every time you leave the truck. I mean simply getting up and sitting in the drivers seat to eat your sandwich's is leaving the sleeper. I have NEVER heard of an inspector critiquing to that degree because he can't prove you DIDN'T do that. And if he wants to write you up for it, fine, fight it in court. He has to PROVE you didn't do that. Not just claim that it's unlikely you did.