Signing my log book

Originally posted by dieselbear:

Thats exactly what the Out of service criteria is. Let's see for example. Driver A gets stopped on today's date, 4/30/10 at 1200 hours. Driver A's last entry in his log book is on 4/28/10 at 2245 hours. Driver A is missing today, yesterday and a portion of the day before. Driver A is now out of service for 10 hours. The execption is covers if I stop you on 4/30/10 at 1200 hours and your last entry is 4/29/10 at 0100 hours, you are not placed out of service. However it is still a violation of log book not current. Nothing has changed in regards to this, it has been this way for a long time.


No need for the driver A,or Driver B its simple,and yes it has been that way for a long time. If I am two days .or less behind YOU have to give me the opportunity to make it current.HOW MANY COPS,AND DOT DO? After I make it current ,and I am not in violation YOU are SOL. Their is no ticket issued for not being current ,because I now AM CURRENT. This is what the exception is for. I bet you have been writing bogus citations for it for a long time haven't you. How many drivers in this situation have you ever said bring it current ,and lets see what you have. My bet is not a one. If a guy makes it current ,and is still way out of the ballpark,or simply can't then you have him ,and so be it.

b)(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.

READ IT! THEN READ IT AGAIN ! IT SAYS THE OPPORTUNITY TO MAKE IT CURRENT!

b)(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.

 

By them allowing you to make it current, they have given you a chance to keep from being put out of service, It does not change the fact you were not current to your last change of duty status when pulled over.

So you can get a ticket for not being current, and maybe not be put out of service should you have hours available. As far as your read it comment, maybe you need to learn to understand what you are reading, or it will never do you any good to read anything. You will just keep making Jeff Foxworthy correct.

 

Powder Joints Said:
By them allowing you to make it current, they have given you a chance to keep from being put out of service, It does not change the fact you were not current to your last change of duty status when pulled over.

So you can get a ticket for not being current, and maybe not be put out of service should you have hours available. As far as your read it comment, maybe you need to learn to understand what you are reading, or it will never do you any good to read anything. You will just keep making Jeff Foxworthy correct.


The idea of a logbook is safety in the first place. If you are two days ,or less behind,and you can make it current. In other words you log to the inspection you are now in,and can legally be there on the bottom line for the time of the inspection,and have hours to continue on ,or simply have hours to work then what have you done wrong. Why should you get a fine if what you did in reality was legal,and your only transgression is not showing it in a book. What has more bearing on reality that your actual actions were legal,and safe,or that you didn't write them in the book.
Most judges ,and yes been there & done that who care about justice ,and aren't money hungry will ask if when you became current if you were legal. If you are they will throw it out. Most truckers don't fight the ticket,and take the BS from the DOT,and after a while consider the screwing that they get to be normal. Seeing how you are from kommiefornia I can see why their fines are so high . Grow a set ,and stand up for yourself once in a while you would be surprised at the results. As far as the Jeff Foxworthy crack name calling is the first sign you lost the battle,but you already know that. By the way my IQ is around 140,and my reading comprehension is just fine. How about you? Say it again comprehension! You do know tickets are about revenue right,and the less you know,and the more you shut up ,and pay the more they like it.

 

Well, like I said many many times we have a truck stop lawyer that thinks he knows the game. The section you are quoting is in reference to out of service not log book not current so go back to JB Hunt truck driving school and learn again because you are wrong. Go read 395.8f1 and see what that tells you, super trucker. Hold on I'll give the answer to you so
you don't get confused.


§395.8 Driver’s record of duty status.
(a) Except for a private motor carrier of passengers (nonbusiness), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period using the methods prescribed in either paragraphs (a)(1) or (2) of this section.
(a)(1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. The previously approved format of the Daily Log, Form MCS-59 or the Multi-day Log, MCS-139 and 139A, which meets the requirements of this section, may continue to be used.
(a)(2) Every driver who operates a commercial motor vehicle shall record his/her duty status by using an automatic on-board recording device that meets the requirements of §395.15 of this part. The requirements of §395.8 shall not apply, except paragraphs (e) and (k)(1) and (2) of this section.
(b) The duty status shall be recorded as follows:
(b)(1) “Off duty” or “OFF.”
(b)(2) “Sleeper berth” or “SB” (only if a sleeper berth used).
(b)(3) “Driving” or “D.”
(b)(4) “On-duty not driving” or “ON.”
(c) For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town or village, with State abbreviation, shall be recorded.

NOTE: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) the highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.

(d) The following information must be included on the form in addition to the grid:
(d)(1) Date;
(d)(2) Total miles driving today;
(d)(3) Truck or tractor and trailer number;
(d)(4) Name of carrier;
(d)(5) Driver’s signature/certification;
(d)(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.);
(d)(7) Main office address;
(d)(8) Remarks;
(d)(9) Name of co-driver;
(d)(10) Total hours (far right edge of grid); and
(d)(11) Shipping document number(s), or name of shipper and commodity.
(e) Failure to complete the record of duty activities of this section or §395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.
(f) The driver’s activities shall be recorded in accordance with the following provisions:
(f)(1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.
(f)(2) Entries made by driver only. All entries relating to driver’s duty status must be legible and in the driver’s own handwriting.
(f)(3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver’s duty status record.
(f)(4) Total miles driving today. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver’s duty status record.
(f)(5) Commercial motor vehicle identification. The driver shall show the number assigned by the motor carrier or the license number and licensing state of each commercial motor vehicle operated during each 24-hour period on his/her record of duty status. The driver of an articulated (combination) commercial motor vehicle shall show the number assigned by the motor carrier or the license number and licensing state of each motor vehicle used in each commercial motor vehicle combination operated during that 24-hour period on his/her record of duty status.
(f)(6) Name of motor carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver’s record of duty status. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each motor carrier shall be shown after each motor carrier’s name. Drivers of leased commercial motor vehicles shall show the name of the motor carrier performing the transportation.
(f)(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct.
(f)(8) Time base to be used.
(f)(8)(i) The driver’s duty status record shall be prepared, maintained, and submitted using the time standard in effect at the driver’s home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver’s home terminal.
(f)(8)(ii) The term “7 or 8 consecutive days” means the 7 or 8 consecutive 24-hour periods as designated by the carrier for the driver’s home terminal.
(f)(8)(iii) The 24-hour period starting time must be identified on the driver’s duty status record. One-hour increments must appear on the graph, be identified, and preprinted. The words “Midnight” and “Noon” must appear above or beside the appropriate one-hour increment.
(f)(9) Main office address. The motor carrier’s main office address shall be shown on the form containing the driver’s duty status record.
(f)(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.
(f)(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid, the total of such entries shall equal 24 hours.
(f)(12) Shipping document number(s), or name of shipper and commodity shall be shown on the driver’s record of duty status


Now super trucker the citation for not being current will be charged as 395.8 (f)(1), not 395.13. So either know the regulation you are going to quote or be prepared to have someone tell you the way it is like Powder Joints did. So until then I wouldn't come on here and act like your the expert you think you are.

 

Diesel Bear said:
Now super trucker the citation for not being current will be charged as 395.8 (f)(1), not 395.13. So either know the regulation you are going to quote or be prepared to have someone tell you the way it is like Powder Joints did. So until then I wouldn't come on here and act like your the expert you think you are.


Freedom First said b)(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.

If i am allowed to make it current then how can I be written a ticket for being non current. THE LAW IS ALLOWING ME TO MAKE IT CURRENT SO AS NOT TO GET A FINE FROM GUYS LIKE YOU WHO WRITE TICKETS ,AND DON'T HAVE A CLUE!. I love it 35 years of out smarting guys like you at every turn. Sounds to me like you have been hanging around too many unversed truckers which is no reason to call me a super trucker. No need to get angry simply ,because I am more intelligent than you. I am sorry that you couldn't cut it as a truck driver. I am also sorry that you need a badge to feel adequate,but considering that you seem narcissistic anyway you probably can't help it.
Ever hear of the first amendment it has to deal with freedom of speech,or is there a fine for that also. Me thinks powder joint ,and you are one ,and the same,or he is your shill. I am the expert I think I am 35 years without a wreck nothing but a couple speeding tickets in over three million yeah I'll bow down to you in YOUR DREAMS. Like I said been to court over this ,and sorry ,but you lose CURRENT IS CURRENT, need a good lawyer I know one HA HA HA !

 

Even if you make it current you'll probably get the paper you have to send back threw your co. which will show up on your dot record. and with this new cvsa 2010 the way I understand it. you'll get points for anything for the last 2 years,and after so many points your done. I'm sure they will make it count somehow.

 

I sign at the end of the day as well. I really don't think it matters. The only things that matter are that you are current, have the correct paper work, and your attitude mainly. If you have a good attitude and are polite you may be given a chance to get current, have a bad attitude and you will get hit with something. I have seen it first hand at a scale house, one driver was in front of me had a bad attitude and the officer went through all his paper work talked to him about his logs and every thing, I was next smiled and was polite the officer didn't even look at my logs, made sure I had my paper work for my load asked where I was going and coming from and told me to have a good day.

 

I actually sign mine when I start the page, simply to get it out of the way and to prevent forgetting to do it later.
Like you, I really don't think it matters either. Your signature merely indicates that what you have written is true and correct.
By not signing, does that make it ok for what you have entered thus far to be false and incorrect with impunity? I think not.

I have heard guys say that covers them if somebody makes changes in their book without their knowledge. Huh?
Like somebody is going to sneak into their truck and attempt a log book frame job.

 

Your not current at the time of inspection. You are allowed to catch it up if you are only missing today and the previous day. Good luck to you since you know it all, however, I'm still sorry to inform you that you are wrong. I know the type, the one who always thinks he's right no matter what. So enjoy your first amendment right and misquote regulations that you obviously do not understand. Again, to help paint a picture for you. 395.13 deals with out of service, not with 395.8 f 1, which is log book not current. You may muddy the water with some incompetent judge that does not understand the FMCSA rules and regulations, however, good luck to you with a auditor that will quickly inform you of violations. Again, good luck you should try your theory the next time you drive until you get stopped and see how that works for you. I'll give you some advise, to AVOID being placed out of service for 10 hours, only be behind the day of stop and the previous day. That way you'll only get a ticket for 395.8 f1 and be ALLOWED to catch up your log book to avoid the out of service time. By the way, I have no idea who Powder Joints is, but I'll tell you, he's not a arse like you. Good luck to you and you might need your croony, I mean "good" lawyer to explain the legal jargon to you about Title 49 CFR.