Log Violation and consequences of no log?
Overheard at coffee counter in car stop:
Driver talking about log violations and keeping no logs.
I know there are penalties for this but asked my team mate what he knew and he didn't have the answers either.
What are the penalties for these things.....
I found out ....after the fact, about this time last year, that I'd made a math error on my logs in calculating the hours of driving and the hours off duty, and had a violation ---which i didnt catch when totaling up my time as it all came to 24 hr day (dislexia ?) .....It was not intentional violation, and the graph was correctly logged (even showed the violation) but just incorrectly total to the right and I didnt realize the error or the violation to acknowledge it in the recap but found it some days later when looking back over my carbons and for some reason it 'just jumped out ' at me.
I guess my question sounds 'stupid' but I hear so much bragging around counters by people who may be in the know but talk like they don't, and certainly wont give straight answers to others seeking honest answers......
and I'm very critical of myself enough as it is...........
This one driver was going on how if ones log book was scutinized, the individual violations that would be found, regardless of the driver's best efforts to log honestly and correctly, could cost him more in penalties than not keeping a log at all......
That didn't make any sense to me!
car stop lawyers, you get what you pay for. Free legal advice from another carer is usually trouble.
What the exception means is; If today is Monday and your last entry was some time Sunday no problem. If your last entry was some time Saturday you'll sit for 10 hours and have the opportunity to catch your log up to where you're at.
Motor carriers that fail to require drivers to turn in their logs face a $500 per offense upto $2,500 a day. Doesn't sound very cheap to me.
Hope that helps.
Thank you for answering part of my question: ie, the part where I overheard that driver bragging about no log book.
I guess my question, the mistake I made and that scared me; I drove over the ll hours, but I miscalculated the time both when counting the hours and figuring up the various lines.....I was taught that every time I pull the brakes and park the car is an easy way to remember 'draw a line and remark' but somehow my mind goes crazy over the 2400 military time that assignments are given vs the 1200 clock that is standard on the log book plus add in the crossing of time zones and figuring logs related to home terminal time vs keeping in mind that pick up and delivery schedules are given according to the time zone of their respective addresses and not relative to home terminal time......I hope you can see that it can be confusing especially when just starting out......
I was wondering about the penalty for such an error and log violation vs falsification of the log.
See sec. 395.13 of FMCSR (et seq.) as mentioned above.
No logbook: at minimum, OOS for 10 hours. Fines: @$175, and up.
HOS violation: at minimum, OOS til you can legally drive. Fines: @$125, and up.
If you make it a habit of getting caught violating HOS, your CDL will be suspended.
Enforcement does not disseminate between a mistake/error, and intentional falsification. There is no grey area. They see everything as black and white. That is not to say that you might be on the receiving end of a break somewhere down the line---but don't bet the farm on it, either.
Thanks Little Ebby,
I guess I take the law so seriously that when I do something wrong, and REALIZE that I've done something wrong.....I beat up on myself so bad worrying about it.......If I knew the worst that could happen for rare but occasional mistake on the log is an OOS or fine o $175......I'd still take it seriously....but rather than go on suffering wondering IF I 'd get caught, I might be more inclined to point it out and get the punishment on behind me.
Actually I realize that what you said is the minimal one might expect.....The really worse senerio would be to have a preventable accident associated with the violation......and that would be devastating!
BTW, I'm the driver out there that if the posted speed is 70, I don't set the cruise higher by 5: and if construction zone says 45 or 35.....just because it looks like it could be done higher doesn't mean I will. and if the freeway looks like a parking lot, bumper to bumper, I may be the one some drivers hate cause I keep that open space wide between me and the traffic ahead: Result, I have less stress and giving others plenty of room to see the exit signs and a clear path in front of me allows the more manverable autos room to change lanes safely (while I maintain the normal flow of speed) without experiencing the more dangerously short cut offs in front of me.....Have had it happen but as I'm always anticipating such, don't get nearly as alarmed as some who drive more aggressively.
That exception has led to more than one driver ending up in a heated discussion with the DOT. And I have saw one get taken to jail because of the "carer legend" attached to it.
Somehow, it was passed by word of mouth from driver to driver that if the driver was not current on THAT day, but had the day before complete, the DOT HAD to give him 15 mins to catch up his log book BEFORE it was examined. Furthermore, since the log would then be current before the DOT examined it, the driver could not be given a log book violation ticket... Funny how things get so twisted around.
I have seen more than one driver argue with the scale master right after the driver was given a ticket for not being current even though he had just caught it up as the scale master had told him to do. The driver wasn't put out of service, just ticketed for the violation. The exemption doesn't mean you won't be ticketed for not being current, just means if you can bring your logs current you won't be put out of service.
I have even seen drivers get the "Pull around driver and bring in your paperwork and log book"... and five minutes later the DOT officer is at the drivers door wanting to know why he didn't follow orders..... The driver would tell him through the window he was taking his 15 min allowance to catch up his logs..... That guy went to jail because he refused to exit the car and when the DOT officer tried to open the door, he locked it and the passenger door. He told the officer he would step out when his 15 mins were up and not ONE second sooner. When a different officer went around the back of the trailer and down the side and the driver heard a big crash and found himself looking down the barrel of a pistol where his passenger window had been removed for easier access..... he decided his less than 15 mins of fame would do just fine.
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