log it as it happens !!!!
if you get in an accident, the dot can and will supeona (spelling) your qualcom records for the previous 72 hours. nuff'said
in this example I'd log on the 16 hour rule. All they can do is give you a very minor talking to and re-explain company policy and dot policy.
likely, imo, nothing will be said... its not like the company is going to call the dot and ask about road delays trying to catch an honest guy...
besides... if 50 other guys and you been doing it in 14 and "this-time" it took you 15 1/2 hours... well that!!! sounds like an unexpected delay... so long as you weren't delayed at the shipper or anything silly.... meaning it was a legitimate road delay.
logging question
Discussion in 'Questions From New Drivers' started by hwy69, Oct 20, 2008.
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I've only been driving 4 months myself, so I won't pretend to be wise enough to advise you on this. But, I can relate a similar incident that I had just a couple of weeks ago and let you draw your own conclusions.
I got stuck in a traffic jam north of Nashville. Sat there for 3.5 hours as the southbound side of I65 was shut down. Finally they detoured us over the river and through the woods eventually back onto 65 south of the multi vehicle pileup. By this time, I was out of hours on th 14, by an hour I think.
I made it to the small P lot south of Nashville, intending to fuel and park for my break. Sadly, there was absolutely no where to park. So I headed for the next truck stop south, From the onramp to 65, right into another 1 hour long traffic jam!
Finally I made it to Murfreesboro and found a place to park it. I called in for advise and was told ....
"Log it as you done it. Make note of the traffic issues and the lack of SAFE parking right on the log sheet. Better to have a violation with supporting documentation than a falsified log. If there is ever an issue, that log can be checked against qualcomm and other records. Remember, when you sign that log sheet, you are swearing under law that it is the truth."
So I logged it as it happened. I'd rather get fired than have my honor or word put into question.
DannycaptK Thanks this. -
Log it as you did it and the company and dot officer should will hopefully understand. One honest violation shouldn't be a big deal.
DOT would rather see the hos violation than to find a false log.
I hope I didn't answer this one before
captK Thanks this. -
ah, thank u all for the advice. i am gonna scan them in the morning, i am gonna log the violation and put a note on there as to why. i'll let ya know how it pans out with the company.
thanks again! -
Trust this old retired federal DOT official. It is too easy to prove log falsification. Every way you falsify I can show you at least 2 ways of proving it. The lost time alone (when you get shut down) causes you to lose money and that's why you're in that truck.
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LURCH: It wouldn't fly as it was not an emergency. He should have anticipated the traffic & took his rest before he hit the bridge. This rule is basically for an act of God. Traffic jams are not acts of God. Examples of an act of God are a snowstorm on top of Snowshoe in PA, or an accident that did not allow you to bypass it, nor take a different route. Perhaps the split rule would have been effective in this instance but there is not enough information to make that determination.
In order to use the rule (395.1(b)) you must not have known the condition existed at the time of departure. In addition, the rule only allows the 2-hour period to either complete the run, or reach a place of safety. If going from NYC to St. Louis the run could not be completed & the rule could not be used. Further, reaching a place of safety is only as far as the first truck stop or a service plaza on a toll road with an available parking space.
Essentially, 395.1(b) is not worth much.
In this instance the driver must anticipate the traffic jam for the bridges and governed him/herself accordingly. I know there are no truck stops in NYC but from the federal perspective that is not a legitimate excuse.
From the old retired federal DOT official -
QUOTE: i'm wondering if they can track that on the qc. what is the best choice, as i have not yet scanned my logs for this trip?[/quote]
Yes, false logs can be determined from a satellite transponder/Qualcom. In addition, federal
dot officials have the right to demand these from the carrier and use the information to check for falsification.
From the old retired federal DOT official. -
thanks for the insight! just out of curiosity how far back can they look, and how far back do they look on average if they are just doin an inspection?
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I've only had them go back 7 days for an inspection. But in case of an accident, they can go back as long as they want, I would imagine.
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psanderson - such was my thought, and why I put my comment the way I did. Basically, my personal reasoning is, "if you aren't caught in an avalanche, tornado, or flood - 395.1(b) ain't worth it"
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