Just some of the stupid things I see

dieselbear · Sep 30, 2010

Brickman said: ↑

As I understand it this reg pertains to all "work" or "company" function receipts.

What about driver's personal receipts..... food stops, coffee refills, snacks, buying new "training" videos , etc etc. Purchases that have nothing to do with the operation of the truck don't fall into this category... do they?
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That's the way I see it, but I don't conduct compliance reviews. Mike_MD might be a better source.

dieselbear · Sep 30, 2010

blackw900 said: ↑

I have friends all over the country and many times I stay with them for a restart or a 10 and I log it as off duty.
I have had some people here at this site try to tell me that it is up to me to prove that I actually stayed with someone if an officer asks where I stayed for my break.

I have been asked in the past and have simply replied that "I stayed with friends" and it has never been persued further. My question to you is...How would you deal with a driver that logged a restart far from his domicile as off duty with no documentation to back it up?

Do you even care whether it's logged as off duty or sleeper berth?

I had a DOT in Idaho tell me that I had to log a mixture of sleeper berth and off duty to be legal on a restart because no one stays in the sleeper for 34 hours straight and that because I'm away from home I can't log it as solid off duty.

So I asked him...Since my duty status changes have to be logged as they happen and that the act of logging them is work related and will interrupt my 34 causing me to have to start it again...How am I supposed to log these changes and not have my restart last for the rest of my life?

He just looked at me for a minute and handed me back my book...

Realisticly...Off duty and sleeper berth have always sort of been interchangeable in a solo driver operation as far as I know, But the way some of these younger DOT cops act these days...Well, You just never know!

Any comments?
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During the 34 hr restart, I look for fuel receipts and toll reeipts. Bills that have been delivered or shipped. Something showing the driver, driving.

I have never got wrapped around the axle about the restart. If a guy is off, he is off. I understand what some mean when they say you cant stay in the sleeper 34 straight hours, but how do you prove it? You don't, unless he has driving receipts.

L.B. · Sep 30, 2010

dieselbear said: ↑

LB, nothing at roadside requires you to compel yourself to my request. I ask and mostly I receive. However, the motor carrier is required to have the supporting documents. Here's the regulation and the interpretation.

395.8 (k) Retention of drivers record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.

Question 10: What regulation, interpretation, and/or administrative ruling requires a motor carrier to retain supporting documents and what are those documents?
Guidance: Section 395.8(k)(1) requires motor carriers to retain all supporting documents at their principal places of business for a period of 6 months from date of receipt.
Supporting documents are the records of the motor carrier which are maintained in the ordinary course of business and used by the motor carrier to verify the information recorded on the drivers record of duty status. Examples are: bills of lading, carrier pros, freight bills, dispatch records, electronic mobile communication/tracking records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, toll billing statements, port of entry receipts, delivery receipts, lumper receipts, interchange and inspection reports, lessor settlement sheets, over/short and damage reports, agricultural inspection reports, driver and vehicle examination reports, crash reports, telephone billing statements, credit card receipts, border crossing reports, custom declarations, traffic citations and overweight/oversize permits and traffic citations. Supporting documents may include other documents which the motor carrier maintains and can be used to verify information on the drivers records of duty status. If these records are maintained at locations other than the principal place of business but are not used by the motor carrier for verification purposes, they must be forwarded to the principal place of business upon a request by an authorized representative of the FHWA or State official within 2 business days.
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Dieselbear, that is exactly my point. It is required by the company to retain those documents and it is mostly to comply with taxes, etc. This does not require me to keep them on the truck. Even as an O/O, I can mail these documents to the house instead of keeping them on the truck and still be legal.

sazook · Sep 30, 2010

Working Class Patriot said: ↑

Like I said....
"Paper Trail"....

Let's say you pulled over for a dinner break at 6 pm on Monday the 12th (Arbitrary date...).....and you paid with your ATM card and got a receipt..... You left at 7:30 pm....

Two days later on the 14th you get pulled over by a DOT because a Four-wheeler called in saying a truck that matched yours hit him in the parking lot of the same restaurant at 8:45 pm and then took off.....

Your log book says that you logged on Line 1 for an hour and a half.....but the officer says that's not proof enough because the guy claimed he saw you get in your truck at 8:40...

So you take out the receipt and show it to the officer.....He notices that it has both the date and time of the transaction at 7:25 pm.......

The Four-wheeler has just been caught in a lie and you can go about your business....

Remember....It's important to "CYA".....There are Four-wheelers out there who earn a living suing drivers.....
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Or someone could argue that you stayed there in your truck till 8:40, hit the guy as you left, and then changed your log book to show you leaving right after you paid your receipt to make it look like you were not there at 8:40.

Injun · Sep 30, 2010

"These aren't even my pants..." *snicker*

Wonder how many of our stellar brethren have handed a log book to an officer, but, oops, that was the one for the company, not the one for the bears...and then claimed it wasn't theirs.

It would almost make for a decent comedy skit.

Working Class Patriot · Sep 30, 2010

sazook said: ↑

Or someone could argue that you stayed there in your truck till 8:40, hit the guy as you left, and then changed your log book to show you leaving right after you paid your receipt to make it look like you were not there at 8:40.
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That is an argument in favor of mandatory EOBR's then.......
EOBR's don't lie......

dieselbear · Sep 30, 2010

Injun said: ↑

"These aren't even my pants..." *snicker*

Wonder how many of our stellar brethren have handed a log book to an officer, but, oops, that was the one for the company, not the one for the bears...and then claimed it wasn't theirs.

It would almost make for a decent comedy skit.
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I had a few guys over the years that have given me the wrong book. Heck I had one guy that had 4 log books. He was trying to log that he was team driving but doing it solo.

dieselbear · Sep 30, 2010

L.B. said: ↑

Dieselbear, that is exactly my point. It is required by the company to retain those documents and it is mostly to comply with taxes, etc. This does not require me to keep them on the truck. Even as an O/O, I can mail these documents to the house instead of keeping them on the truck and still be legal.
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You're right you don't need them in the truck. You'll need them for a audit for supporting documents.

RenegadeTrucker · Sep 30, 2010

dieselbear said: ↑

I had a few guys over the years that have given me the wrong book. Heck I had one guy that had 4 log books. He was trying to log that he was team driving but doing it solo.
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Have you ever had 2 guys in 2 trucks jump from truck to truck and log it like they were teaming?

Injun · Sep 30, 2010

Mr. Beast: you don't want to give your trade secrets away, so shhhh!

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