Safty Rating and Fine?

It looks like two separate violations, my guess is the falsifying of logs is the reason for being put out of service. But I'm not up on it enough to know if that is the norm. It does seem like he should have received a ticket though. Besides shouldn't he have given him 15 minutes to bring his log up to date for the first violation.

 

so he miss quoted the 8 and meant 10......

that is NOT the problem, as I see it.............

All new carriers ARE under tight scrutiny...........and he will be receiving a compliance review in the not so far future.....I believe

And no, on that 15 minutes to update your logs........

 

Must have been in a parking place for 2 hours and they were requiring the driver complete 10 off duty hours...but it still doesn't make sense...

 

you have got to be kidding.

one time i got pulled into a scale, my first time, didnt know what to bring in, so i went in empty handed she gave me the list and even said "And dont you write anything in your logbook! bring it in just like it is!" and i went back out and took a while to find my BOL because my moron codriver had put it in her clipboard for some reason. after a few mins she came out to see what i was doing...

they specifically want you to NOT TOUCH IT. not to even log the inspection on it until they look at it. Besides that, your log is supposed to meet their report, which technically means if they screw up you have to falsify your log (i would NEVER falsify my log for that, i would fight that one all the way through!)

 

I have seen both...and in CA to boot...one (Truckee coop) had me bring my log up to date, in this case draw the line from line 3 to line 4, then he checked the log and previous days...the other time was Santa Nella, and the officer said don't touch a thing....must be a mood thing!

 

§ 395.13 Drivers declared out of service.

(a) Authority to declare drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this subchapter) is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section.

(b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

(2) No driver required to maintain a record of duty status under § 395.8 or § 395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days.

(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current

I was refering to #3 does that pertain to this situation ?

 

WildBill,

I am very familiar with number three.

It's kind of like that extended time to drive due to adverse conditions......

I have found it best to pretend that neither rule exist !!!!!



They are gray areas, and will get your ----in a sling !!!!!!
Your mileage may very.......

 

Fined or not, he was inspected and shut down. The inspection was logged into a DOT computer, and you can bet an inspection with a log book violation and OOS will show up on his, and your record.