Logging

Here is an original post from 2014 by a driver who was busted for not logging any time in the sleeper even though he used the sleeper. Included is an attachment showing this inspection report which put CSA points onto his motor carrier authority.

Below is the inspection report CSA violation this driver was written up on. You can clearly see the driver was written up for 395.8(e) for falsely logging off duty when they were using off duty and sleeper in combination for their break.



Now all we have to do is get a volunteer inform Mr. Moose to take me off his ignore feature so he can read my answer to him.

 

If duty and sleeper need to be considered the same thing it doesn't matter either way.

 

The FMCSA CLEARLY has no problem with mixing lines 1 and 2. It is implied by the FMCSA that they expect you to be in the sleeper when on line 2. However as I stated there is a difference between implied and regulatory. At this point there is NO regulatory language that states you MUST change your log status from 2 to 1 upon exiting that sleeper. It is only implied. Hopefully I will get my OFFICIAL answer soon on this. If it was deemed to be important to the FMCSA those sections would have regulatory language that clearly states a driver SHALL change their duty status from sleeper birth to off duty upon exiting a sleeper for any length of time. Those words are MISSING. You can not make something regulatory when ACTUAL regulatory language is missing. However I am forced to confess that is this kind of (gray) area where nightmares are born. This is why I have stated more then once. Once stopped by any cop you have the right to remain silent and you should do so. When asked ANY question about your logs or how you spent your time DO NOT develop diarrhea of the mouth! Just think of that old song, silence is golden!

 

I snapped a pic of the violation that was on paper. I dont know how to put that pic up on here but i know how to email that pic to you if you can give me your email on a private message on here and you have my ok to post it on here if you want. Let me know.
P.s. - i may have said it backwords , off duty while logged in sleeper or vice versa you get the point. I will email you the citation if you want to see it.

 

Send it to fmcsa@yopmail.com yopmail is a throwaway email account. I will still get it as will anybody else that wants it. I don't give my regular email out. Beware though if you send to that email your opening your email to anybody that also goes there. If you dont want to email me this way I will settle for the cops name badge number and the location you got said ticket via a PM. This way I can independently verify it. Trust me I will!


Edited

Disregard the above. Just send me the date of the ticket. The ticket number. The cops name, badge number and place said ticket was issued in a PM. From this information I can make a contact with a cop friend of mine and get a computer printed summary of the ticket. I rather do it that way.

 

While I'm thinking about this I am forced to ask a simple question. Now I still do not believe you got clipped for logging sleeper and not being in said sleeper. However just for fun lets assume you did. My question is simple. How did the cop know this? Did you tell the officer you exited the truck? If so you got ticketed more for running off at the mouth. ALL TRUCKERS need to understand this simple point. The less you say to a cop the better off you are.

 

I just sent an email to fmcsa@yopmail.com. answer it and i will forward the pic of the citation.

 

You and I as lowly truck drivers know this by using common sense but the regulations state that we must log "true, correct, and current" all of our daily activities on the Record of Duty.

 

To answer your question yes its a valid email address at least that was what an email from something freedom partners asked. Just to be clear. Regardless. I still want the date. The location. The officers FULL NAME badge number and the ticket number. I need to get into the system to actually verify it.