Log Book Legal Question

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Harold Lehmann in Sarnia, Ontario

94 months ago

I have a legal question about US regulations:
US regulation 395.13 (b) (3) states:
"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."
No matter how many times I read this regulation it tells me: if I get pulled over or
into a scale and my logbook isn't up to date, I must be given opportunity to make it
up to date.

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a pretending driver in Campbell, California

76 months ago

how many hours should i drive if i am driving local only no more than 100 miles and should i fill up a log book?

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scjlyoung in Athens, Tennessee

73 months ago

Whats the rules on who has to fill out log book and who doesn't. My husband drives straight truck that makes daily runs. He was recently pulled over and was written a ticket for not putting he was not working on Saturday and Sunday. I have been told by couple of drivers that he shouldn't have to keep log book. I would appreciate any information on this cause it is an expensive ticket!! Thanks!

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L. Z. in Del Rio, Texas

72 months ago

scjlyoung in Athens, Tennessee said: Whats the rules on who has to fill out log book and who doesn't. My husband drives straight truck that makes daily runs. He was recently pulled over and was written a ticket for not putting he was not working on Saturday and Sunday. I have been told by couple of drivers that he shouldn't have to keep log book. I would appreciate any information on this cause it is an expensive ticket!! Thanks!

Drivers need to understand that everybody needs to have some kind of record of hours of service...depending on the scenario you may be exempt (from having the log book at the time of inspection) or NOT exempt.

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L.Z. in Del Rio, Texas

71 months ago

FMCSA can only regulate you when you are in the USA...You need to abide by Canadian regs...try to get a CVSA OOS criteria book...It helps out.

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L.Z. in Del Rio, Texas

71 months ago

tay1412 in barrie, Ontario said: on my log book were i print my name , can i only sign it after the day is done ,i was in new york state , and got written up due to the fact i already had signed it , underneth were you print your name. canada yes u.s.a no can anyone help me ...

Sign it after the end of the day...remember, logsheets are also legal documents in court.

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CVSA Master in Los Lunas, New Mexico

71 months ago

1pissedoffwife in Whittier, California said: My husband just received a ticket @ the Az border. He just got his class A licence. His Co. didn't buy a fuel trip permit, so he had to stop at the border to buy one. When they asked for his log book he inicently handed it over not knowing. Well, he had been on vacation for 2 weeks prior to that. Mind you he just got his class A lic. He wasn't aware of the (Az)7 day prior law. He was laid off because of it and now has to find another job. How many points is this on a CA lic.? would it be possible for this to be dismissed if he showed proof of his vacation period? Your opinion please.

Mam, I understand your frustration. Under Federal law your husband is required to have 7 previous days and his current day in his log book at time of inspection for a total of 8. If your husband handed them a book that did not have at least six previous days properly logged he is in violation and out of service. He is only allowed an oppurtunity to make his seventh and current day current. In the future since he was on vaction he can fill one page out properly as off duty with total hours of days off. He then can simply write on the page Off Duty from 1-5-09 - whatever time he was off.

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Sr in Minnesota in Yukon, Oklahoma

70 months ago

I run hotshot and will have a rider with once in a while. The rider has a class a and usually just sleeps. I log and see that I can drive 11 hours and have a duty on of 3 so up to 14hrs. According to what I also see my rider could not drive past that either as he is considered on duty. Could he be considered not on duty due to the fact he has no responsibilities and is not doing anything and then take over driving when I'm done? I guess you would call this team driving and wonder how it all works.

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L.Z. in Del Rio, Texas

70 months ago

No he can not be off duty -- He is on duty according to FMCSR's
On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth.

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Rick in Indianapolis, Indiana

70 months ago

Lawful or not? I was off for 3 days. Then I was dispatched and by 7pm I drove 10 and 1/2 hours and had 3 hours on duty not driving in one day. I was then assigned a load that would take 8 hours+ and 500 miles that was to deliver the next afternoon. I refused the load because I believed I would be in log trouble. How could I have legally handled that dispatch and have delivered by the next afternoon? Could anyone in my circumstances have done it legally?

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L.G.S. in London, Ontario

70 months ago

The states you must have a legal log it is not a legal document until it is signed I always sign my log @ the start of the day however if you make a mistake and it is signed then you can get a fine however if it is not signed it is not a legal document and technically you should not get a ticket this has been a problem for years and it seems every state is different

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jkp in Waterford, Ontario

70 months ago

L.G.S. in London, Ontario said: The states you must have a legal log it is not a legal document until it is signed I always sign my log @ the start of the day however if you make a mistake and it is signed then you can get a fine however if it is not signed it is not a legal document and technically you should not get a ticket this has been a problem for years and it seems every state is different

I don't sign until the end of the day, It just like any other documents you don't sign until complete.

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karen in Alden, New York

69 months ago

6 months for Driver vehicle reports
3 years for Log Books.
never ever use the same form for both. \Some log books have DVR's on the back.
The law says you are required to keep DVR's 6 months. But if you use the ones on the back of the Log book page you ahve to keep it for 3 years and if you are audited they can use those 2.5 years against you. be smart.

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Lisa in Virginia Beach, Virginia

69 months ago

helpquestion in Sparta, Wisconsin said: does anyone know if you work your 70 than go on your 34 off and than during your 34 go to a meeting that you get paid for do you have to log this?

Any work regardless of what it is, needs to be logged on duty not driving if you receive compensation for it.

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ErinDM in Nebraska

68 months ago

My husbands company is requiring him to run a paper log book and an electronic log book simultaneously. My husband wants to fight his company on this but can't find anywhere about this being illegal. Does anyone have suggestions? Before he goes against his company, he would like proof--especially with the risk of losing his job.

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MAP in Jackson, Michigan

68 months ago

A company can change thier policy at any time. When you hire on to a co. you agree to exsisting co. policy if it is in their policy that they can do this than they can. Check the original co. policy that your husband agreed to, if its not in their than yeh fight it, but use little discresion, and think of how hard it is to find a job in this economy. Agreeing to a policy when you start is like a contract, and contract changes must be agreed upon by all parties.

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Steve in Guthrie, Oklahoma

68 months ago

I use to drive and dispatch for a lumber yard. When we did local deliveries within 100 miles we did not have to log. If we went out over a hundred miles from home base or out of state you had to log. Your work week of 60 hours was regulated by time clock if you used one or the various other options companys use.

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Karen in Alden, New York

68 months ago

remember, that 100 miles is as "The Crow Flys" your base is the center of that circle. You also have to keep a log if you work more than 12 hours in one day, even if you stay "WITHIN" your 100 mile radius!!!

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Steve

68 months ago

WERE YOU ON THE CLOCK? GETTING PAID AS YOU WALK AROUND AND WAITED? iF SO IT COUNTS. dID YOU GUYS HAVE A SLEEPER? OTHER WISE BOTH YOUR HOURS COUNT AT THE SAME TIME. IF YOU HAD A SLEEPER you could work that out all another way. Your rider if no sleeper must log time even if hes doing nothing. You can try off duty if no sleeper, don't say in sleeper if you do not have a qualified area and hope for the best when he takes over. But thats not the way the law looks at it. If you were off the clock and not by the truck your free time is yours off duty.

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Maryann in Chicago, Illinois

67 months ago

Can a driver driving locally for 6 hours fill out a log book, without showing stops, by filling out the driving on duty line only?

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lionrajin@hotmail.com in Surrey, British Columbia

66 months ago

log book was not updated from 2 hour is it violation. officer gave me ticket for that.

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lionrajin@hotmail.com in Surrey, British Columbia

66 months ago

log book was not updated from 2 hour is it violation. officer gave me ticket for that

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midnightrider in Lima, Ohio

66 months ago

Ken said: who has to fill out a log book . i drive a book truck that weight 12000 with my tools in it.
should i have to fill out a log book . i do work for the phone companies. so some days i drive 15 min. to work and other day i have to drive 250 miles to work that day should i have to fill on out everyday or what

their waching your time from one job 2the other inless it have air brakes but sill yet the weight under 24ooo only other reason wood be if u go out for weaks at a time

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Steve in Edmond, Oklahoma

66 months ago

lionrajin@hotmail.com in Surrey, British Columbia said: log book was not updated from 2 hour is it violation. officer gave me ticket for that.

In the Usa they must give you a chance to update the log book. You may drive hours without stopping then you would update. But say you forgot, you still have the right to correct.

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L.G.S. in London, Ontario

66 months ago

NO as long as u did not change duty statis within the last 2 hours

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JLC in Warner, New Hampshire

66 months ago

My company put me in violation for not turning in 2 days loggs for days that I was off for home time,even marking down that I had 2 consecutive days off on next log filled out.
How am I suppoused to fill out tose days off?

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scorp72 in Salt Lake City, Utah

65 months ago

Harold Lehmann in Sarnia, Ontario said: I have a legal question about US regulations:
US regulation 395.13 (b) (3) states:
"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."
No matter how many times I read this regulation it tells me: if I get pulled over or
into a scale and my logbook isn't up to date, I must be given opportunity to make it
up to date.

If you keep your log book current you would NOT need the time to catch it up.I have been driving truck's for 20 years now the last ten otr.I have been pulled into the scales alot of times and NEVER needed to catch up my log's.If you do what you need to do with your log's you will never be harassed with DOT..

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gavilancino in Campbell, California

65 months ago

I have heard so many comments about how to avoid a ticket getting some services of some "lawyer" or at least they avoid one point or whatever. Can someone tell me if this really works and how expensive it is?

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Just wondering in Elizabethtown, Kentucky

65 months ago

Does Concrete trucks in KY have to keep inspection logs in truck when sitting on lot

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Jay in Boca Raton, Florida

65 months ago

How do I calculate "hrs gained from 1st day of 7 or 8 day period."
Example: I leave for long haul from Boyton Bch FL to San Antonio TX. I haven't wk'd in 8 days- so I'm working w/ a fresh 70.
How do I calculate "hrs gained." Can someone pls help me w/ this.
Thx,
J

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jesse

65 months ago

They shut me down for 10 hours . & a ticket as well. But is there any way I can help myself from the point on my C.D.L. I'm just trying to keep my record clean for the my past points that are making it hard for me to get a job cause no insurance wants to cover me they. Its been over 3 yrs going on for 4 but how can I show Dmv I can keep a good. Record when I can't get a job to pay for my sr22. Just to my Class A. Help me please where can I go for help.

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dan. in Airdrie, Alberta

65 months ago

Some times a driver makes an honest mistake in the log book,and he/she has signed it is true and correct.He/She gets a ticket.This is just a thought.Why sign the book at all? After all, you don't have to do,say or sign anything that may incriminate yourself.And if your declaring it as a legal document,shouldn't it be notorized as such by a some one authorized to do so?Again,just a thought.
I never keep a log book as a book,I tear them apart and make them loose pages,that way if I get pulled in for an inspection they can't look at the full book.I keep only the last 14 days and the current day to show them.Never had a problem at a scale doing it that way.

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midnightrider in Lima, Ohio

65 months ago

Steve in Guthrie, Oklahoma said: I use to drive and dispatch for a lumber yard. When we did local deliveries within 100 miles we did not have to log. If we went out over a hundred miles from home base or out of state you had to log. Your work week of 60 hours was regulated by time clock if you used one or the various other options companys use.

that true but major carrier have u log all the time so u can go out of state or where ever

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William in San Diego, California

64 months ago

My brothers are Texas drivers and they asked me if they run interstate do the local drivers of the same company need to run log books.
My answer is that they have to run logbooks is this correct?

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karen in Alden, New York

64 months ago

it doesnt matter where you drive or where you live your license is a nationally recognized license. All companies must follow the same federal DOT rules!!!!!!!!!!!!! if your truck weighs over 26,000 lbs. and you travel more than 100 miles as the crow flys from your home base you must use a log book! if your truck weighs between 10,001 and 26,000 lbs. you can drive 150 miles before needing a log book. And it doesnt matter how much your truck weighs or how far you have traveled, if you drive over 12 hours in one day you must have a log book for that day!!!!! you must always carry the previous 7 days logs with you at all times. The only exceptions that I am aware of are local bulk milk hauling trucks.

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Steve in Black Hawk, Colorado

64 months ago

You are correct on local drivers running out of state should log. You should log if you run more then 100 miles out from home base or cross state lines.

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William in Ogden, Utah

64 months ago

Thanks:

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gallagher in Tavares, Florida

64 months ago

My husband drives for a company that teams you up with another driver so you are always with someone else. The driver he is paired with is running well over on his hours. The company doesn't seem to mind and my husband isn't sure how to approach the situation but doesn't want to be in any legal trouble for being in the truck with someone who hasn't reset in days. Does anyone know if this other drivers logs will effect him in any way? Thanks

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dACk in Brampton, Ontario

63 months ago

hi i wanna get rid of my problem ,help me
i have a confusion in 7 days or 8 days cycle
actually i m a safety incharge
our team drivers went for a trip to california they took 8 days for a whole trip,
in first 7 days drivers was on duty for 60 hours but in 8 days he driver for 65 hours so he was in violation or not
he had selected 7 days cycle.......cuz we r canadian carrier so we have 7 days and 14 days cycle....
i wanna know tat we can automaticaly use 8 days cycle as our trip finish on 8th day........

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dan minerva in West Palm Beach, Florida

63 months ago

Are log books legal documents in court of law to fight for money owed to you for the trips that were delivered.Each log has trip number on it.

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KAREN in Alden, New York

63 months ago

The only thing it proves is that you traveled to the city of freight destination. you need to have copies of BOL's to prove delivery! I have copies of all bills of lading stapled to a hard copy of invoice actually sent to customer or broker! the place you made your delivery should have part of original BOL of the delivery you made. If you dont have one contact them and ask for copy. You or your driver should have signed it!

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bbloodworth in Bushnell, Florida

63 months ago

what is the statuch of limitations for a log book fine in louisiana

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dack in Toronto, Ontario

62 months ago

it doesn't matter wat kind of truck u drive if u remain in a 100miles radius from ur terminal then no need to fill a log book but its condition is that u should b on a fixed payroll

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FZ in Dallas, Texas

62 months ago

If you drive a vehicle with a GVWR of 10,001 lbs or more and are in interstate commerce, you do need to fill out a logbook, the only exemption to fill out a log book is if you stay within 150 mile radius. But remember you may be exempt from filling out a logbook at the time of a DOT inspection, but the company is never exempt from the hours of service...they always need some kind of proof, maybe that is why your company is requesting that you fill out a log book.

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manic ride in Brockton, Massachusetts

62 months ago

Yes i punch a time clock,i only drive 75 miles away from my terminal. it's a non cdl truck

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DfemaleEinstein in Jacksonville, Arkansas

62 months ago

Before you do anything, you need to protect your CDL and your job. There are so much changes being made, especially the new CSA2010 laws cracking down on drivers. If you want more info, contact me at DfemaleEinstein10@yahoo.com

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kyle in College Station, Texas

62 months ago

Can riding in a crew van be considered off duty time while still on the clock?

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Gil T in Round Rock, Texas

62 months ago

Harold Lehmann in Sarnia, Ontario said: I have a legal question about US regulations:
US regulation 395.13 (b) (3) states:
"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."
No matter how many times I read this regulation it tells me: if I get pulled over or
into a scale and my logbook isn't up to date, I must be given opportunity to make it
up to date.

Along I certainly set myself for such a DOT sting many times, I never got busted. As I recall and as I understood the quotation you posted, yes, you are allowed to the opportunity to make it up. The reason is the officer can see from your previous 6 days you have been keeping your log. However, a word to the wise: If you have to really stretch and manipulate time/distance to fill your log to represent where you are at the moment of inspect, __ you're busted. Hope this helped.

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Gil T in Round Rock, Texas

62 months ago

kyle in College Station, Texas said: Can riding in a crew van be considered off duty time while still on the clock?

My comment is a flash from 35 yrs back, but to the best of my knowledge riding in the cab can be applied to sleeper berth (but, really, do get your sleep) but not off duty time.

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steve in Wichita, Kansas

61 months ago

a driver just asked me if he could show the drive time to a town, then when he got there flag it at being in the town and keep the drive time going since he gets to the town, spends 6 to 7 min on a drop and hook then leaves. is this legal?

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