Yes, Ladies and Gentlemen, Falsification of a Log is a Felony.

Discussion in 'Trucker Legal Advice' started by truckersjustice, Jul 9, 2017.

  1. truckersjustice

    truckersjustice Light Load Member

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    Yes, Ladies and Gentlemen, falsification of a logbook is a felony. 18 U.S.C. § 1001, states, in part, as follows: "(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
    (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
    (2) makes any materially false, fictitious, or fraudulent statement or representation; or
    (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
    shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both."

    This applies to use of any falsified document or writing required by the federal government, not just those required by FMCSA rules. Note the words "of, if the offense involves international or domestic terrorism" is simply providing for enhanced criminal penalties." In other words, the statute covers all falsification of documents required by the federal government. Penalties increase for documents relating to terrorist acts. The maximum penalty for each act of intentional logbook falsification is 5 years imprisonment.
     
    Last edited by a moderator: Jul 10, 2017
  2. pattyj

    pattyj Road Train Member

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    I better be nice Paul Taylor was my attorney.
     
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  3. Sublime

    Sublime Road Train Member

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    Well you can't jail everybody.
     
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  4. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Your point? It has been posited by some that the average person unknowingly commits 3 felonies per day...so what's 1 more?
     
  5. x1Heavy

    x1Heavy Road Train Member

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    OMG, stop the presses.

    So it;'s a felony, big whoopie. Let's work on the culture within the bad old dispatch office who threaten, cajole, hint, dominate and inject fear into the newbies to run outside of the HOS.

    The problem is not the driver falsifying logs, It's the culture within the industry that creates a verdunt situation capable of causing drivers to cheerfully commit felonies on logs.

    I say this, the way that federal register insists on getting fatter with each passing month we all are felons by the time we hit middle age here in America.
     
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  6. Chasingthesky

    Chasingthesky Heavy Load Member

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    Looks like I'm more bad### than I thought. Happy birthday to me
     
  7. x1Heavy

    x1Heavy Road Train Member

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    Happy Birthday to you... happy birthday to you... happppyyy birthdaaaayy to YOUUUUU.
     
  8. truckersjustice

    truckersjustice Light Load Member

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    I don't disagree with you that is the culture of the industry. I simply wished to inform drivers of the potential legal ramifications of falsifying a log.
     
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  9. truckersjustice

    truckersjustice Light Load Member

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    There was no point except to inform drivers who submit false logs that there could be serious ramifications and not just some out of service order.
     
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  10. truckersjustice

    truckersjustice Light Load Member

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    The culture in many dispatch offices is criminal. Not all drivers commit felonies because not all submit logs knowing they are false.
     
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