Howdy, chefbob2,
You're 100% correct. Log it like you drive it, or risk the consequences.
I remember when OOIDA was running their "Run Compliant" campaign. The idea was that if everybody ran exactly like the HOS rules dictated, we would slow the economy to the point where we'd have a strong voice, and the beauty of it would be that we could accomplish the same results as a strike, without striking, but rather by simply obeying the absolute letter of the law.
I joined OOIDA while leased to a company where logbook falsification was commonplace, although the company never officially condoned it. There were some guys, as I understand it, who logged strictly legal.
When I left that company and began running under my own numbers, I did run pretty much compliant. Then, when the new rules were enforced in January, 2004, I found it even easier to run compliant, after I realized that the 14 hour clock could be stopped with any bunk time 2 hours or greater. I don't know if it was my imagination, or did freight rates rise immediately following the 2003 rule change?
After October 2005, however, when split sleeper berth was tossed, OOIDA quit running their "Run Compliant" campaign. When we could no longer split our bunk time, running compliant became a joke.
I also advocate falsification of logs, not in order to run excessive miles and drive 'til I drop, but in order to sleep when I feel the need, and drive when I'm alert. A trucker should be allowed to do that without any economic consequences. Truckers could do that when we were allowed to legally split our bunk time.
I don't like running illegal. However, I remember that before the rule change of 2005, I didn't have to in order to sleep and drive in a safe manner. Presently, trying to stay within the letter of the law and still get freight delivered on time is matter of pushing long hours behind the wheel in order to beat the clock. I can do it. I do it. It's not safe.
I've been doing some investigating and I'm homing in on just what happened when the feds eliminated split bunk time. For one thing, I don't think the idea came from the citizen groups like PATT, CRASH, or Public Citizen. I think it may have come from the National Transportation Safety Board, (NTSB) from one of their professional pilot members, but I'm not sure.
Irregardless, it looks like the feds may have implemented the rule change without allowing adequate opportunity for public input. Furthermore, they appear to be ignoring the (link)considerable opposition(link) to the tossing of the split sleeper berth provision because they claim that they had already dealt with the issue in 2005.
With regard to irresponsibility, I believe the feds win, hands down. The tossing of the split sleeper berth provision from the HOS regulations was an ill-conceived move on the feds' part, if safety is what it's all about.
Without the ability to take the breaks when they're needed most, while still meeting delivery requirements, it comes down to a decision on the part of a trucker. "Which risk to take...the risk of falsifying...or the risk of falling asleep at the wheel...or the economic risk of not meeting delivery requirements."
Over hours question...
Discussion in 'Trucking Industry Regulations' started by Pumpkin Oval Head, Dec 27, 2010.
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like good robots.
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Back in the old days, before elogs, I was under the impression that it was always better to get dinged for "logs not up to date" than "lying on logs".
But that was back in the old days, I have no frigging idea what is better these days, other than being a Christian and praying to Jesus that they don't check my truck and/or logs at the next scale house.
Tongue in cheek, but, my, how things have changed. And not for the better. -
So well put, this says it in a nutshell.
Forgot to say that now that I am on elogs, I often have no choice but to drive fatigued (at times), or lose my job, of course. So, I have to choose between maybe being responsible for an accident, or certainly losing my job. Thanks, NTSB, you done good!
Truthfully, I am not going to get fired for missing an appointment if I say I am too tired to drive, but if I miss too many of them, my company is not going like me too well, and my income is going to go down.
It's just Harvard boys trying to tell good ol' boys how to do their jobs.Last edited: Dec 29, 2010
Injun Thanks this. -
Precisely. Legal does not always equal safe. Computers and pencilnecks and politicians cannot distinguish between the two.
BTW: I've been on elogs too. -
...Amen... -
Run it how you need to,catch the book up to suit after you have made your money.
The gray area is only scary to those that are legalistic-ally color blind.
There is no Boogie Man under your bunk!Pumpkin Oval Head and Boardhauler Thank this. -
Thanks for the history on this, as I was not aware of the prior rules, being a new driver in the past year. The split rule is exactly what I would need in my situation....the simple ability to take a nap when I need to, and the ability to drive when I am safe to drive.....so now I understand why the government took this away from drivers....cause it
was not broke, so the government got involved and broke it!!!
The FMCSA decided how I should drive and took away my flexibility in deciding how it is best for me to drive. Although most of my driving is hourly and local, so no log book for me last week!!!

Thanks to all the drivers for their responses to this post, as it good to know how others handle these type of situations.
Keeping the shiny side up and the dirty side down...although driving on the gravel roads on Thursday left the whole rig with gravel muck all over it, so every side is dirty. Hauling some corn for January delivery last week, getting an early start on the new year.....yellow corn is just like gold with the prices being at historical highs. -
Most of my driving is for a different company, where I am being paid hourly, and so do not have to do a logbook.
I prefer this type of driving, as it is local, and no logbook is needed, or is rarely needed...
...I only drive this truck about once every month or two, and am always legal on my outbound trip, and the LEO would find my logbook to be legal...and my route has changed....and I don't drive far enough to need to buy any fuel....it is a fun truck to drive, but it is not my bread and butter job, so I just do it for the occasional road trip.
Thanks again to everyone responding....it has been interesting to see how the split berth rule that used to be in effect was rescinded and now makes it harder for drivers to drive legal and safe....which was my real question....if you had to choose, would you choose legal or safe. Most will say both, and for the long haul OTR drivers, I think that is the best choice, and with the truck stops full at night, I think that is what most drivers are doing....
Also, the liability issue of being in an accident and having your logbook falsified is bad news....it seems like those prison terms are for drivers that have falsified their log book and then were in a bad accident where they were at fault, and were habitual offenders of either logbook violations or faulty/unsafe equipment. Obviously anyone can be in a bad accident and if their logbook is not legal for the prior week, it weighs heavily on the jury to convict the person and sentence them to prison.
While the speed limit is a regulation, how many drivers do not follow it 100% of the time? If you were 5 mph over the limit and in an accident that was not your fault, you will likely get some of the blame just because you were 5 mph over the limit...and if you had a history of speed limit violations, the jury is not going to look upon you kindly....
My point is, that bad drivers can and do go to prison....but I don't see court cases of drivers with minor violations and in an accident going to prison. I could be wrong, but I just have not seen those cases....ok...I hijacked my own thread too.
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How short are your hauls? Are you under the 115 air mile radius. Thats the big one the look for too determine if you need a log book. They dont need to know you have worked more than 12 hours or 14 for that matter. I know I'll catch hell for saying this, but I understand where you're coming from. Sometimes you gotta do what you gotta do.
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