out service violation

Sounds tho like he never showed off duty anywhere. I wouldn't expect anyone to log days off while still off. Hell there's a place in most log books to show how many days you've been off duty so you don't have to do 6 separate pages. But if you don't show off duty then how can you say you are or have been for 6 previous days.

Like it was said earlier if he could have proved he was off duty than the officer wouldn't have been able to legally inspect him.

 

not the end of the world,learn move on might be your first but probably not last,no big deal

 

Did you log off duty when you got to the Pilot???
If so,I would think you have a good case to fight.
However,if they only issued a warning ticket,I don't believe you can fight that..

 

You'll have to give a copy of the inspection to your boss as well.

I always kept today's log and the previous 7 days paperclipped together, any time Johnny Five Oh asked for my logs, he got that stack.

I've bobtailed from Texas to California on paper, any time I stopped I just made a note of the city/ state but the driving was all off duty.
The next 2 times I bobtailed from Texas to California was on Elogs, the biggest thing to remember was to hit Off Duty Driving before letting the clutch out otherwise it would turn over to On Duty Driving at 17+ miles per hour.

When I got fuel I logged On Duty, but continued on driving Off Duty Driving.

When I got pulled into the Chowchilla scales, I logged On Duty as well. She gave me a little Green 2 sticker.

 

Data Q

Data Q

Data Q

Say it one more time 'cause you're not paying attention>Data Q

 

Yup...the very definition of "personal conveyance".

From the sound of it, it was. He went off duty 6 days ago and had not come back on duty. It doesn't matter if that change of duty status was 6 minutes ago or 6 days ago, it was STILL the last change of duty status.

You were off duty...you had been for 6 days straight. As long as you were current to that last change of duty status, you're fine.

Yup. Personal conveyance. Been parked at the truck stop for 6 days and needed to make a grocery run. You are allowed to

§ 395.8 Driver's record of duty status.

(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver’s home to his/her terminal (normal work reporting location), or from a driver’s terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver’s en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver’s home, from the driver’s home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier’s Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.


A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.

If you showed going off duty 6 days ago, and your duty status had not changed since then, you WERE current to your last change of duty status.

He was off duty. He had been off duty for 6 days. As long as he was current to his last change of duty status...even if that happened 6 days ago...he was not in violation of the regs.

Exactly.

 

Like it was said by the OP he couldn't show where he originally went off duty or it wouldn't have been a issue

 

This pretty much sums up 7-8 pages of assuming. He was right in using his truck for personal conveyance, he was right being off duty the previous 6 days. But the officer had no record(the drivers log book) as to how long he had been off duty. That is the issue. He couldve been given a ticket but wasnt. Just given an inspection and put OOS....... If im off duty the previous 6days and i need to go to the store on the 7th. You bet im gonna write me a log saying I was off duty the previous 6.......