Log Book Question

Discussion in 'Experienced Truckers' Advice' started by AModelCat, Feb 16, 2016.

  1. not4hire

    not4hire Road Train Member

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    Small point of order; that would be Subsection 2 of Section 85. The only reason that's important is because Section 2 is something different altogether. I know it seems trivial, but when you start to delve into these things it becomes important.

    Another little note, if you are working for another carrier, then yes, you need to log those hours. If you are not working for a carrier, then in Canada you do not have to log those hours.
     
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  3. AModelCat

    AModelCat Road Train Member

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    Ok I definitely missed that about section 85.​
     
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  4. not4hire

    not4hire Road Train Member

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    No. The driver is only required to keep logs for 14 days and the carrier is only required to keep logs for six months for DOT or MTO audit. They may be advised to keep them longer for CRA audit.

    EDIT: Actually, you're partly correct, DOT or MTO can go back five years... if you give them five year's worth of logs, but six months is the law. I would never give an auditor more than the legally-required minimum. Any more than that is just asking for trouble.
     
    Last edited: Feb 16, 2016
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  5. taxihacker66

    taxihacker66 Road Train Member

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    Okay. Well I wish you had told my previous carrier that as they went through an Audit and I received a ticket even though I left 2 years prior.
     
  6. not4hire

    not4hire Road Train Member

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    See my edit... that's why it's important to know the rules.
     
  7. taxihacker66

    taxihacker66 Road Train Member

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    Can't argue with that. :)
     
  8. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Absolutely. Even on the roadside, anything you hand over can be used to get you into trouble. Easy solution? Know what is required, and only fess up to actually having the required documents...no more, no less. If you aren't required to have it, they cannot write you up for not having it. But, if you hand it over anyway, it will be matched up with anything else you handed over, so hopefully it all agrees and all of the i's are dotted and t's crossed.
     
  9. Toomanybikes

    Toomanybikes Road Train Member

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    I never give the employer the original copy. Never! Maybe I am missing out on a reg that says that I have to, but I will not give up my original copies, especially before eight days is up. The employer gets the carbon copy. If there is any slip between the carbon copy and the original on the graph, I don't want any misinterpretation for a LEO to misconstrue.
     
  10. not4hire

    not4hire Road Train Member

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    Yes, in both the U.S. and Canada:

    U.S. - § 395.8: Driver's record of duty status.

    (i) Filing driver's record of duty status. The driver shall submit or forward by mail the original driver's record of duty status to the regular employing motor carrier within 13 days following the completion of the form.
    - https://www.fmcsa.dot.gov/regulations/title49/section/395.8

    Canada - Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313)

    85 (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal and the motor carrier shall ensure that the driver does so.
    - http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-313/page-5.html#h-44
     
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