Log book Violation

Discussion in 'Trucking Industry Regulations' started by Trouble65, Jan 23, 2009.

  1. Trouble65

    Trouble65 Medium Load Member

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    Jan 11, 2009
    Ontario Canada
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    I got pulled over in Indiana, speeding 71mph in a 65mph zone.
    The police officer sat in my truck and inspected my log and asked me where I was going? I told him I'm getting off on exit 134 about 7 miles away.

    At this moment he left the truck with the log bok in his hand. He came back to me and explained to me I'm being charged for violating the 11 and 14 hour rule. I was over by 1 hour on both. I could not figure it out. Then I realized my mistake, the time zone change. I use the clock on my cell phone. When you get into a new time zone it changes automatically. He stated I must have gotten confused because of the time zones.

    I'm a Canadian truck driver, the officer wrote out 2 tickets. 1 being the speeding violation the other log book violation. However on the log book violation he wrote down the wrong birth day information.

    My question is;
    Can this ticket can be thrown out of court?
     
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  3. shredfit1

    shredfit1 Road Train Member

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    MN
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    Is your reasoning being?... I'm expected to keep up to date, legible, and CORRECT information in my log book at ALL times. In fact, I'm breaking the law if a do not.

    Isn't it reasonable that an officer writing a citation could/should be held to the SAME extremely high CORRECTNESS standards that I am being held?

    Officers make a mistake= Ooops
    Truckers make a mistake= citation/jail

    :biggrin_2554:

    Unlikely your tickets can be thrown out. Sorry.
     
  4. Kabar

    Kabar Road Train Member

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    Pell City Al
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    1st I have to ask. Why was he sitting in your truck? Did you have a short between the ears? Never let them in the truck. They can stand on the step at the window or ask you to open the door. But they don't come in. If you let him in ANYTHING he sees can be used against you. He turns around and looks in the sleeper for his own safty and what do you know, There's a stack of log books.

    To answer your question. No this will not get it dismised.
     
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  5. shredfit1

    shredfit1 Road Train Member

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    In my best Yoda voice, "Not in MY truck he wasn't sitting". :biggrin_25525:
     
  6. psanderson

    psanderson Road Train Member

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    Moline, Illinois
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    An attorney will plea bargain and have the logging violation thrown out if you plead guilty to the speed. Courts want the moving violation on your MVR/abstract.
     
  7. RickG

    RickG Road Train Member

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    Owensboro , KY
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    I know for a fact that Indiana State Police are mostly interested in log violations when they stop a truck for minor speed violations . An ISP officer told me that when he stopped me for 5 m.p.h. over the speed limit and asked for my log book . Everything checked out o.k. and he let me go with a warning . No one should plead guilty to speeding . If a driver has a good MVR an attorney can get a speeding violation reduced to a non-moving violation such as defective equipment in most cases .
     
  8. Trouble65

    Trouble65 Medium Load Member

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    Jan 11, 2009
    Ontario Canada
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    Thanks guys. I thought the officer had every right to enter the vehicle. I guess you learn as you go.
     
  9. 112racing

    112racing Road Train Member

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    pocono's, pa
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    pensylvania is good for that they walk up the right side of the truck and just get in thats why i always keep BOTH doors locked
     
  10. Kabar

    Kabar Road Train Member

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    Same here, I aslo do it to keep un-wanted people like thugs and lot lizards out.
     
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  11. nyc truck inspector

    nyc truck inspector Bobtail Member

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    Oct 5, 2008
    ny ny
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    if you think an authorized rep of fmcsa which includes any officer trained to do inspections is not allowed in you cab you are wrong .here are reasons why i can get in . if you have a sleepr it must have an occupant retraint system , you must also have adequate bedding , your driver seat and passenger seat must also be installed in a workman like fasion . i also need to verify you have have a working defroster . also i need to inspect your dashboard for any gauges that dont work . i need to check your steering wheel for excessive play , and also make sure the steering column is secure .i need to make sure your seat belts function properly . also when checking to see if you have any problems with your low air warning light and buzzer , i have to sit in you seat to do this properly . i cant take your word for it . i must also make sure your tractor protection valve is functioning properly and applying at the right psi . i cant do this from your side step . if a personal item like a piece of luggage is found , that can not be searched without reasonable cause . i must also make sure your truck is loaded properly . that means i am opening your trailer and inspecting your load .if you dont comply with my instructions during an inspection , i will arrest you for obstructing governmental administration .
     
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