The Great Logbook Scam

one may not have to show d.o.t your entries in your logbook,but you have to show that you got one.

 

Yep, you would have 10 hours to sit and think about it with this thinking.

 

395.8(a)(1)

(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.



Yes they require a company make you. They also name the driver as responsible.


Nice fiction about the day the FMCSA regs started but fiction none the less.

 

I through K blows your theory apart as well

(i) Filing driver's record of duty status. The driver shall submit or forward by mail the original driver's record of duty status to the regular employing motor carrier within 13 days following the completion of the form.
(j) Drivers used by more than one motor carrier. (1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver's home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:
(j)(1)(i) All duty time for the entire 24-hour period;
(j)(1)(ii) The name of each motor carrier served by the driver during that period; and
(j)(1)(iii) The beginning and finishing time, including a.m. or p.m., worked for each carrier.
(j)(2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.
(k) Retention of driver's record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.
(k)(2) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty.

 

Could you please provide a reference for this?

 

FYI.i noticed a few posts about IRS and not paying taxes. A word of advice. I worked in real estate for a few years. Had a few clients who had used one of those non tax paying systems. NONE of them got a mortgage. They were all turned away becuase of their tax status with the IRS. Just passing it along.

 

Is that a rule/law/or regulation that states that or someone just not liking someone not showing them?...

While I have you on the line, if you're logbook isn't updated when requested to see it, do you have time to get it updated?...

 

I have had some DOT tell me technically if you can't draw a straight line on the grid....You are in violation....
Example....You're pulled over and DOT wants your logbook...You'd best have a line up to Line 3.....Anywhere else...You're screwed....

 

Here's the regs.
§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 operating a commercial motor vehicle equipped with either an automatic on-board recording device meeting the requirements of §395.15 or an electronic on-board recorder meeting the requirements of §395.16 must record his or her duty status using the device installed in the vehicle. The requirements of this section shall not apply, except for 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 either this section, §395.15 or §395.16 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.
(g) Graph grid. The following graph grid must be incorporated into a motor carrier recordkeeping system which must also contain the information required in paragraph (d) of this section.
(h) Graph Grid Preparation. The graph grid may be used horizontally or vertically and shall be completed as follows:
(h) (1) Off-duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.
(h) (2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in §395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)
(h) (3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of driving time, as defined in §395.2.
(h) (4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving specified in §395.2.
(h) (5) Location—Remarks. The name of the city, town, or village, with State abbreviation where each change of duty status occurs 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.

(i) Filing driver’s record of duty status. The driver shall submit or forward by mail the original driver’s record of duty status to the regular employing motor carrier within 13 days following the completion of the form.
(j) Drivers used by more than one motor carrier. (1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver’s home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:
(j)(1)(i) All duty time for the entire 24-hour period;
(j)(1)(ii) The name of each motor carrier served by the driver during that period; and
(j)(1)(iii) The beginning and finishing time, including a.m. or p.m., worked for each carrier.
(j)(2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.
(k) Retention of driver’s record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.
(k)(2) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty.

NOTE: Driver’s record of duty status. The graph grid, when incorporated as part of any form used by a motor carrier, must be of sufficient size to be legible.

Now from CVSA's out of service criteria:

(4) No Record of Duty Status (Log Book)
No record of duty status in possession when one is required. (395.8(a))​

Declare driver out-of-service for ten (10) consecutive hours.​

(5) No Previous 7 Days (See Footnotes 2 and 10)
Failing to have in possession a record of duty status for the previous
seven (7) consecutive days. (395.8(k)(2), see exception 395.13(b)(3))​

Declare driver out-of-service for ten (10) consecutive hours.


When I ask for the log, and this is all the folks I work with. I requestthe license, medical, registration, bills and log book. I don't leave the door until I get it. If a driver says he does not have one, I tell him that once I leave this door don't magically have one appear because, I will give them all the opportunity to be a man and man up. Look many driver's that I deal with or have dealt with have been honest up front and I can deal with that. I will cut them a break for being a man and manning up. The ones that whine cry, and ##### and moan, will get something that will make them whine and cry. The easiest wasy is to do your book then you don't have to sit with me all day or all night.

 

Thanks DieselBear, you are a great help.

I'm not yet driving, but I'll remember what you just posted.