Very Starange Log Book question for you experts.......

Discussion in 'Trucking Industry Regulations' started by jh23job, Sep 5, 2007.

  1. kc8vje

    kc8vje Light Load Member

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    Jan 8, 2007
    East Point, KY 41216
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    This is the way we do it where I work.. My employer is in the business of building steel and aluminm dump bodies and flatbed trailers. I along with 2 other drivers take the trucks to the dealers and vice-versa.

    We log our trip out to the dealer accordingly, but when returning either via rental car or plane, we do not log unless going back for another run at the plant. Which then would be logged on line 4. Just my 2 cents.

    But, as I always say... If you can get by with it, do it... Just Kidding:biggrin_2559:
     
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  3. BobC

    BobC Medium Load Member

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    Jul 8, 2007
    Cincinnati, slOhio
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    CoolioB, At the risk of sounding argumentative, I doubt anyone read the answer
    straight out of the FMCSA rule book because this exact question is not posed
    in the rulebook. There may be something close to it though.

    If something happened to cause a DOT cop or FMCSA investigator to look over
    the entire trip, I expect certain statements from the investigators.

    The first being, the trip down was for company business.
    As a CDL holder, working for a company involved in transporting goods in interstate commerce,
    anything you do in the furtherance of that company's business is logged one way or another.

    A log needs to be kept on this regardless of whether the vehicle you drove down is commercial or personal.
    Yes, it might be on duty-not driving on the way down because it's not in a commercial vehicle.
    I'd have to reread the rules for a more specific yea or ney.

    I would not expect Deb's answer to pass muster in a court.

    There's a "plausability" aspect to it all when you're in front of a Judge.
    I doubt anyone would believe without proof that he did not share the driving on the way to the new truck.
    I would expect that the DOT/FMCSA investigator would say & try to prove that he was driving the vehicle at some point.

    Being that the trip was in furtherance of company business, & that business is involved in transporting goods in interstate commerce, I hazard a guess that any receipts for fuel etc in showing who was driving would be fair game for the investigation.

    As I stated before, I doubt there's going to be a problem with the log book thing unless there's some kind of accident either before or after getting the new truck that requires the DOT to get involved somehow.

    A second source of trouble might be if you get slated for a compliance review & the trip shows up within the time frames the investigator looks at.

    As I stated in earlier posts, there's too many grey areas in the rules that are left open to interpretation by all parties involved.

    I've seen or heard state troopers who did not have a clear understanding of the rules spouting their opinions as fact when in fact, their cases would have been dismissed in court.

    My opinions are just that, opinions.
    They're based only on dealings with an FMCSA invesigator or two & reading court cases.

    From those dealings & reading, I can say that as a driver, you have no friends in either of those circles.

    You are guilty until proven innocent.

    CYA in all aspects of your CDL.
     
  4. jh23job

    jh23job Bobtail Member

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    Sep 2, 2007
    Duluth, Minnesota
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    Thank you all for replying to my thread.

    Let me throw a wrench in the whole thing for ya......

    Well, We did go down to Nashville from Minnesota, and we took my Wife's Minivan, which is NOT a company vehicle. Also, The whole thing was scheduled around an Auto Racing / Car Show event that we had planned on going to regardless of the purchase of the truck ( Not company related ), although we had to go a little out of the way to Nashville, when the event was in St Louis. My wife really did drive the whole way to Nashville from Minnesota.

    Does that change anything ??

    Also, We did get the truck, a 2004 Pete 387, C15 CAT, with the Ultrashift Transmission. I really like it !! Anyhow, after leaving Nashville, I drove the truck to St Louis and spent the whole weekend there having fun.

    From the time I left Nashville, I Logged the trip legally, until I got back home to Minnesota.
     
  5. BobC

    BobC Medium Load Member

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    Jul 8, 2007
    Cincinnati, slOhio
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    It's been a good thread for me cuz it made me stretch a little.
    It's all academic anyway unless the Feds get a burr under their...saddle.
    Let me throw a wrench back at ya.

    If there's an investigation of your logs & this trip gets focused on, the investigator will probably try to establish a time line for obtaining the new truck.

    I suspect a call to the previous owner to figure out when the deal was made & any other incriminating evidence they can weasel out of the other guy.

    If the deal dates & other damning evidence coincide with your trip, the investigator will try to present to the courts that the whole trip was part of company business despite your detour to the racetrack.

    As to whether or not you personally drove, the investigator will try to discover anything he can to prove that you did.

    If you paid for fuel using a card, you'll need a copy of that transaction showing a signature not your own.

    I know thats's unfair because many times my wife might drive a short ways & stop for fuel.
    I'll get out & pay for it while she's pumping.
    Most times it's the other way around.

    Again, you're guilty until you prove your innocence in court.

    Let me throw another wrench at you.
    Once you got the truck, you could possibly have logged the trip from Nasville as off duty.

    Here's how I see that working.

    To be subject to the rules, you need to be actively engaged in transporting goods in interstate commerce or performing work essential to that cause.

    If, you have permission from the truck owner to drive it as a personal conveyance & if you have been relieved from all responsibility of performing company work & if there's a trailer it cannot be laden, then you can use the truck as personal conveyance.

    Once the truck is considered personal conveyance, the driver & it are no longer subject to the FMCSA rules.

    A neat twist ain't it?

    Of course, one of the FMCSA truck nazis will have the opposite to say.
    I expect to hear that you were delivering the truck to your terminal as company business.

    The Devil's in the details.

    Best of luck with the new truck.
    May it serve you well with great ROI.
     
  6. CoolioB

    CoolioB Bobtail Member

    20
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    Sep 23, 2007
    Following the white line!
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    You just confirmed exactly what I was saying! The question was asked about a driver that does a half turn every night, except the driver returned in a company personally owned p/u truck. Also the same scenario occurs for my self from time to time. The ST read the reg word for word right out of the FMCSR. I wish I could find the link cause I just read it on transport topics. The reg read something like this. If you are driving a company vehicle (Non commercial) deemed necessary by a company official, it will be logged as on duty not driving. This is the reason I asked the original poster if the vehicle he was driving to pick up his truck was his personal vehicle, or a company vehicle.

    The scenario that occurs for me, from time to time is as follows:
    I run short line haul, which consists of a 10 hour lay to re-certify and then return home. When I get to my lay point my turn driver takes my trailers to SLC and brings me back trailers to go home with. In the winter time due to weather we run short of hours to complete the trip, so my turn driver will drive the extra 40 or so miles to meet me and pick up the truck. I will then take his truck to the turn point and will go to the hotel to re-certify. The company instructs me to drive the non commercial vehicle the extra 40 miles so this is to be logged as on duty not driving.

    The trip in the POV was deemed necessary by the company.
     
  7. BobC

    BobC Medium Load Member

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    Jul 8, 2007
    Cincinnati, slOhio
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    CoolioB,

    If we are in agreement then I am happy.
    I somehow didn't see us on the same page.
    I apologize for not reading deeper.
    My reading comprehension failed me.

    Thank you.
     
  8. CoolioB

    CoolioB Bobtail Member

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    Sep 23, 2007
    Following the white line!
    0
    No problem my brother! No need for apology!
     
  9. MrSmith

    MrSmith Bobtail Member

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    Aug 24, 2007
    Atlanta, Ga
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    Hello all. Im still waiting on my oprientaion day and wandered about something. Does anyone know about Roehl. they have 3 day orientaion and Im on the concerned side. My concern is Logs. Im hoping to learn to do my logs correctly. how long does it usually take to get logging down pack. Im struggling with the rest time. when do I rest and get back in my truck.

    Im not even sure Im asking this question right.

    :biggrin_2552: I dont know how to ask the question I wanna ask.

    anyone have a picture of a log???
     
  10. BobC

    BobC Medium Load Member

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    Jul 8, 2007
    Cincinnati, slOhio
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    Before I answer your questions, I have two of my own.
    1) Is this a joke or what?
    2) If it's not a joke, how did you get as far as orientation without learning how to log?

    You can find a pic of the log pages on the FMCSA's websites along with a tutorial on how to log correctly.

    If you still can't grasp it after reading there, someone here can assist.
     
  11. MrSmith

    MrSmith Bobtail Member

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    Aug 24, 2007
    Atlanta, Ga
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    Nope. Not a joke.

    The school kept us out on the field learning to drive trucks. we rarely did anything concerning the logs. Just not completely understanding the logs. Have not gone to orientation for the job yet. Im just trying to get better understanding of the 10hr rest rule.

    But Thanx anyway. Ill get it.
     
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