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Another HOS question

LDB

LDB

Veteran Expediter
Retired Expediter
Yeah, that's an illegal log. What he's talking about is you leave point X at 0800 and for whatever reason will stop at point Y 110 miles away where you have to take a 10 hour break. The topless lady makes the 2 hour trip take 4 hours so instead of arriving at 1000 it's 1200. He's saying he logs arriving at 1000 and his 10 hour break starts at 1000. On paper he can leave at 2000 but legally not till 2200 because of the delay. A common way drivers cheat.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.
 
P

phatTweaker

Expert Expediter
Yeah I kinda figured it wasn't 100% legal.
Would I do it? Probably not as my luck stinks and I'd sure to get caught, but I'd think about it only as a means to get to a proper place to shut down.

take care
 
cheri1122

cheri1122

Veteran Expediter
Driver
- I did get towed to delivery once, when driving team with the owner - the alternator went out while under load, it was late-night, & the carrier did not have another unit to rescue the load. They arranged the tow, (& paid for it), and when we arrived at the consignee, the forklift unloaded us while still on the flatbed. I took pictures, which I labelled "Delivering in (fuel efficient) Style" lol.
 
Tennesseahawk

Tennesseahawk

Veteran Expediter
Simple solution... don't keep your logs totally current. Give yourself enough space to get things done legally on paper. If you drop at 8, but have stopped for any length along the way, say two hours, show the drop at 6 or 6:30. The key is, show just enough driving time to account for the miles on the road. But, like I said, don't log it all at once, until you've stopped the truck, and can finish your ten off. If you hit a scale, you still have a little time to update the way it actually happened.
 
redytrk

redytrk

Veteran Expediter
Charter Member
That works except when you are pulled over for a random inspection as I was in SC.

First thing I did was pull down my line to show the stop.As the trooper approached he said "too late to fix your log now".I explained I was mearly pulling my line down for the stop.

After several minutes of going over my LB he gave me my "logs only"inspection and sent me on my way. No violations!
 
LDB

LDB

Veteran Expediter
Retired Expediter
Good for you! You got Murphy that time. Doing it the other way insures Murphy will get you (generic you meaning anyone) eventually.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.
 
Tennesseahawk

Tennesseahawk

Veteran Expediter
I've been told several times that the DOT HAS to give you 15 minutes to update your log. Once I find this, I'll post it.
 
highway star

highway star

Veteran Expediter
Owner/Operator
T-Hawk, I would ask someone to show you the 15 minute thing. Sounds like urban legend to me. In 15 minutes a person could totally rewrite history. That's like the old Federal Marshall story.
 
LDB

LDB

Veteran Expediter
Retired Expediter
According to FMCSA 395.8(f)(1) in the copy dated 3/05 copyright 2005 provided to me 12/6/05 by my carrier as the most current version available

"Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status."

Nowhere in 395.8 does it mention 15 minutes or any other time for "catching up". Any log that doesn't show going from line 1 or 4 prior to being stopped with a reasonable time interval to the current location would be in violation, in my opinion. That is strictly my interpretation but I suspect it would be the interpretation of some/many inspectors as well so I'll go with the odds.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.
 
Tennesseahawk

Tennesseahawk

Veteran Expediter
§ 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.

It is that last one, (3), I think everyone points to. I've also read that 15 mins is a legend, and unless I find proof, will not count on it. What the exception above means is that they have to allow you to update your logs if you don't have them done for today and yesterday. They won't put you out of service if you have the required logs previous to then. But it doesn't mean they can't fine you for not having them up to date.

I'm almost positive I heard the 15 minute thing at Panther orientation during logs class. But my nephew said he's not sure he heard it there. If anyone remembers, let me know.
 
LDB

LDB

Veteran Expediter
Retired Expediter
Based on 395.13 (3) I'd say they definitely can't put you out of service just for incomplete logs. I don't know but suspect they could still cite you and maybe fine you for failing to be complete to the last change of duty status. Bottom line is the book is too thick and too full to ever fully comprehend.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.
 
LDB

LDB

Veteran Expediter
Retired Expediter
Kinda exactly like the tax code.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.
 
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