[dougs5300]

I work for a private carrier that is on the 60 hr-7day rules. I went over the 60 by 2.5 hrs and am wondering what will happen after I turn my logs in. I cannot shorten it up much as I drove 499 miles on the last day and am showing 9.5 hrs driving time. If the company gets audited and this is caught what is likely to happen to me. Any help would be appreciated.

[yoopr]

worst case Scenario with a DOT Audit would be the Company could get a hefty Fine, get on the DOT "Watch List" if they have had past problems, and you could get fined also.

I'm guessing your Safety officer will call you in to "review" your Logs.

[Windwalker]

If it's the only problem you've had with your logs for the past year, I would not expect them to go beyond a verbal warning. If you've had logs that didn't work well every now and then, they may start talking about $$$. But, you and the company, both, can expect to hear about it if there is an audit.

[dougs5300]

This is a very small company. I am one of the two over the road drivers and I doubt that they will do anything to me if they even notice it. I think I should point it out to them so they have a heads up and maybe can write me a reprimand letter for their files. My log history until now is spotless.

[yoopr]

Don't know why you should have to tell them about it because you obviously have someone there that has some kind of Safety Title and part of that job is reviewing Logs. He should see it but I think your idea of telling them is a good Idea.

[Uturn2001]

Well by all rights if you notice a violation of the HOS you should make a note of when the violation occurred and what the violation is in the remarks section of your log book.

This will let the auditers know that while you goofed, you do know the regs and have enough integrity to admit it, learn from it, and work at being more careful in the future.

The worst your company may do is write you a log violation warning. The worst a state DOT auditor will do is simply make a not of it and move on.

The auditors know that mistakes happen and seeing one or two in 6 months worth of logs is no big deal. It is when they see a pattern of constant violations that they start to get upset and take measures to fine or shut an outfit down.

[yoopr]

Originally Posted by Uturn2001

Well by all rights if you notice a violation of the HOS you should make a note of when the violation occurred and what the violation is in the remarks section of your log book.

This will let the auditers know that while you goofed, you do know the regs and have enough integrity to admit it, learn from it, and work at being more careful in the future.

The worst your company may do is write you a log violation warning. The worst a state DOT auditor will do is simply make a not of it and move on.

The auditors know that mistakes happen and seeing one or two in 6 months worth of logs is no big deal. It is when they see a pattern of constant violations that they start to get upset and take measures to fine or shut an outfit down.

That's a good reminder that I forgot about putting it down in Remarks.
When the DOT see this it will show them you're not trying to Pull tricks with them and shows them You're Honest :P

[tweety bird]

At the risk of being the only outlaw posting here...

I've never turned in a bad log. My husband was driving for a little outlaw refer company when he first started driving and the boss man was a logbook inspiration- he could make anything match (but would never encourage a driver to do something like that...).

We generally run team but even then there have been times when things didn't work out "right." I hate log books. I understand that some companies take advantage of their drivers and the HOS are supposed to protect trucker and blah blah (BS) blah... but there have been times when I have spent a lot of time fixing the little carbon copy book.

I'm sure if you hedged here and there and moved some miles around you could shove it all in there neat and pretty. I'm not advocating that you do that- I'm just saying that it can be done. Driving more miles on a different day sometimes works out well. I understand that these days there are more electronic "trackers" than there used to be- still, I've had no problems.

Of course, I do everything legally and by the book. Just like the rest of you. I would never falisy a log.

[Myth_Buster]

There are two types of violations that affect a motor carrier's safety rating during a compliance review (CR), ACUTE and CRITICAL. Carriers may be cited and prosecuted for any violation of the FMCSR. However, the acute and critical when the violation meet or exceed the designated thresholds are the ones most frequently enforced.

Acute violations one of one is sufficent to affect the CR.

Critical violations are safety management issues and a carrier is give room to manage the program. A critical violation has two thresholds, 10%, a pattern. As an example, if three drivers are examined for medicals and one is expired the violation will not affcet the CR. 1 of 3 is more than 10% but it is not a pattern. HOS are different, each driver has thirty days of logs examined two OTR drivers 60 days worth of logs are examined. If there are 6 60-hour rule violations the carrier's safety rating takes a nose dive as HOS heavily affect the outcome of the CR.
Any of the following found with a 10% violation ratio will result in a best case scenario CONDITIONAL RATING:

1. False logs

2. 10/11 hour rule violations

3. 14/15 hour rule violations

4. No logs i.e. driver did not turn logs in or logs not retained for at least six months

5. 60/70 hour rule violations

The following is a list of acute and critical violations:

VII. List of Acute and Critical Regulations

?382.115(a) Failing to implement an alcohol and/or controlled substances testing program (domestic motor carrier) (acute).

?382.201 Using a driver known to have an alcohol concentration of 0.04 or greater (acute).

?382.211 Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382 (acute).

?382.213(b) Using a driver known to have used a controlled substance (acute).

?382.215 Using a driver known to have tested positive for a controlled substance (acute).

?382.301(a) Using a driver before the motor carrier has received a negative pre-employment controlled substance test result (critical).

?382.303(a) Failing to conduct post accident testing on driver for alcohol and/or controlled substances (critical).

?382.305 Failing to implement a random controlled substances and/or an alcohol testing program (acute).

?382.305(b)(1) Failing to conduct random alcohol testing at an annual rate of not less than the applicable annual rate of the average number of driver positions (critical).

?382.305(b)(2) Failing to conduct random controlled substances testing at an annual rate of not less than the applicable annual rate of the average number of driver positions (critical).

?382.309(a) Using a driver who has not undergone a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 (acute).

?382.309(b) Using a driver who has not undergone a return-to-duty controlled substances test with a result indicating a verified negative result for controlled substances (acute).

?382.503 Allowing a driver to perform safety sensitive function, after engaging in conduct prohibited by subpart B, without being evaluated by substance abuse professional, as required by ?382.605 (critical).

?382.505(a) Using a driver within 24 hours after being found to have an alcohol concentration of 0.02 or greater but less than 0.04 (acute).

?382.605(c)(1) Using a driver who has not undergone a return-to-duty alcohol test with a result indicating an alcohol concentration of less than .02 or with verified negative test result, after engaging in conduct prohibited by part 382 subpart B (acute).

?382.605(c)(2)(ii) Failing to subject a driver who has been identified as needing assistance to at least six unannounced follow-up alcohol and/or controlled substance tests in the first 12 months following the driver's return to duty (critical).

?383.23(a) Operating a commercial motor vehicle without a valid commercial driver's license (critical).

?383.37(a) Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver's license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle (acute).

?383.37(b) Knowingly allowing, requiring, permitting, or authorizing an employee with more than one commercial driver's license to operate a commercial motor vehicle (acute).

?383.51(a) Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle (acute).

?387.7(a) Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage (acute).

?387.7(d) Failing to maintain at principal place of business required proof of financial responsibility (critical).

?387.31(a) Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility (acute).

?387.31(d) Failing to maintain at principal place of business required proof of financial responsibility for passenger carrying vehicles (critical).

?390.15(b)(2) Failing to maintain copies of all accident reports required by State or other governmental entities or insurers (critical).

?390.35 Making, or causing to make fraudulent or intentionally false statements or records and/or reproducing fraudulent records (acute).

?391.11(b)(4) Using a physically unqualified driver (acute).

?391.15(a) Using a disqualified driver (acute).

?391.45(a) Using a driver not medically examined and certified (critical).

?391.45(b)(1) Using a driver not medically examined and certified during the preceding 24 months (critical).

?391.51(a) Failing to maintain driver qualification file on each driver employed (critical).

?391.51(b)(2) Failing to maintain inquiries into driver's driving record in driver's qualification file (critical).

?391.51(b)(7) Failing to maintain medical examiner's certificate in driver's qualification file (critical).

?392.2 Operating a motor vehicle not in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated (critical).

?392.4(b) Requiring or permitting a driver to drive while under the influence of, or in possession of, a narcotic drug, amphetamine, or any other substance capable of rendering the driver incapable of safely operating a motor vehicle (acute).

?392.5(b)(1) Requiring or permitting a driver to drive a motor vehicle while under the influence of, or in possession of, an intoxicating beverage (acute).

?392.5(b)(2) Requiring or permitting a driver who shows evidence of having consumed an intoxicating beverage within 4 hours to operate a motor vehicle (acute).

?392.6 Scheduling a run which would necessitate the vehicle being operated at speeds in excess of those prescribed (critical).

?392.9(a)(1) Requiring or permitting a driver to drive without the vehicle's cargo being properly distributed and adequately secured (critical).

?395.1(h)(1)(i) Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 15 hours (Driving in Alaska) (critical).

?395.1(h)(1)(ii) Requiring or permitting a property- carrying commercial motor vehicle driver to drive after having been on duty 20 hours (Driving in Alaska) (critical).

?395.1(h)(1)(iii) Requiring or permitting a property- carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 7 consecutive days (Driving in Alaska) (critical).

?395.1(h)(1)(iv) Requiring or permitting a property- carrying commercial motor vehicle driver to drive after having been on duty more than 80 hours in 8 consecutive days (Driving in Alaska) (critical).

?395.1(h)(2)(i) Requiring or permitting a passenger- carrying commercial motor vehicle driver to drive more than 15 hours (Driving in Alaska) (critical).

?395.1(h)(2)(ii) Requiring or permitting a passenger- carrying commercial motor vehicle driver to drive after having been on duty 20 hours (Driving in Alaska) (critical).

?395.1(h)(2)(iii) Requiring or permitting a passenger- carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 7 consecutive days (Driving in Alaska) (critical).

?395.1(h)(2)(iv) Requiring or permitting a passenger- carrying commercial motor vehicle driver to drive after having been on duty more than 80 hours in 8 consecutive days (Driving in Alaska) (critical).

?395.1(o) Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty 16 consecutive hours (critical).

?395.3(a)(1) Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 11 hours (critical).

?395.3(a)(2) Requiring or permitting a property-carrying commercial motor vehicle driver to drive after the end of the 14th hour after coming on duty (critical).

?395.3(b)(1) Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 60 hours in 7 consecutive days (critical).

?395.3(b)(2) Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 8 consecutive days (critical).

?395.3(c)(1) Requiring or permitting a property-carrying commercial motor vehicle driver to restart a period of 7 consecutive days without taking an off-duty period of 34 or more consecutive hours (critical).

?395.3(c)(2) Requiring or permitting a property-carrying commercial motor vehicle driver to restart a period of 8 consecutive days without taking an off-duty period of 34 or more consecutive hours (critical).

?395.5(a)(1) Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive more than 10 hours (critical).

?395.5(a)(2) Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty 15 hours (critical).

?395.5(b)(1) Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 60 hours in 7 consecutive days (critical).

?395.5(b)(2) Requiring or permitting a passenger-carrying commercial motor vehicle driver to drive after having been on duty more than 70 hours in 8 consecutive days (critical).

?395.8(a) Failing to require driver to make a record of duty status (critical).

?395.8(e) False reports of records of duty status (critical).

?395.8(i) Failing to require driver to forward within 13 days of completion, the original of the record of duty status (critical).

?395.8(k)(1) Failing to preserve driver's record of duty status for 6 months (critical).

?395.8(k)(1) Failing to preserve driver's records of duty status supporting documents for 6 months (critical).

?396.3(b) Failing to keep minimum records of inspection and vehicle maintenance (critical).

?396.9(c)(2) Requiring or permitting the operation of a motor vehicle declared ?out-of-service? before repairs were made (acute).

?396.11(a) Failing to require driver to prepare driver vehicle inspection report (critical).

?396.11(c) Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again (acute).

?396.17(a) Using a commercial motor vehicle not periodically inspected (critical).

?396.17(g) Failing to promptly repair parts and accessories not meeting minimum periodic inspection standards (acute).

?397.5(a) Failing to ensure a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) material is attended at all times by its driver or a qualified representative (acute).

?397.7(a)(1) Parking a motor vehicle containing Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway or street (critical).

?397.7(b) Parking a motor vehicle containing hazardous material(s) other than Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway or street (critical).

?397.13(a) Permitting a person to smoke or carry a lighted cigarette, cigar or pipe within 25 feet of a motor vehicle containing Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2 (critical).

?397.19(a) Failing to furnish driver of motor vehicle transporting Division 1.1, 1.2, or 1.3 (explosive) materials with a copy of the rules of part 397 and/or emergency response instructions (critical).

?397.67(d) Requiring or permitting the operation of a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3 that is not accompanied by a written route plan (critical).

?397.101(d) Requiring or permitting the operation of a motor vehicle containing highway route-controlled quantity, as defined in ?173.403, of radioactive materials that is not accompanied by a written route plan.

?171.15 Carrier failing to give immediate telephone notice of an incident involving hazardous materials (critical).

?171.16 Carrier failing to make a written report of an incident involving hazardous materials (critical).

?172.313(a) Accepting for transportation or transporting a package containing a poisonous-by-inhalation material that is not marked with the words ?Inhalation Hazard? (acute).

?172.704(a)(4) Failing to provide security awareness training (critical).

?172.704(a)(5) Failing to provide in-depth security awareness training (critical).

?172.800(b) Transporting HM without a security plan (acute).

?172.800(b) Transporting HM without a security plan that conforms to Subpart I requirements (acute).

?172.800(b) Failure to adhere to a required security plan (acute).

?172.802(b) Failure to make copies of security plan available to hazmat employees (critical).

?173.24(b)(1) Accepting for transportation or transporting a package that has an identifiable release of a hazardous material to the environment (acute).

?173.421(a) Accepting for transportation or transporting a Class 7 (radioactive) material described, marked, and packaged as a limited quantity when the radiation level on the surface of the package exceeds 0.005mSv/hour (0.5 mrem/hour) (acute).

?173.431(a) Accepting for transportation or transporting in a Type A packaging a greater quantity of Class 7 (radioactive) material than authorized (acute).

?173.431(b) Accepting for transportation or transporting in a Type B packaging a greater quantity of Class 7 (radioactive) material than authorized (acute).

?173.441(a) Accepting for transportation or transporting a package containing Class 7 (radioactive) material with external radiation exceeding allowable limits (acute).

?173.442(b) Accepting for transportation or transporting a package containing Class 7 (radioactive) material when the temperature of the accessible external surface of the loaded package exceeds 50? C (122? F) in other than an exclusive use shipment, or 85? C (185? F) in an exclusive use shipment (acute).

?173.443(a) Accepting for transportation or transporting a package containing Class 7 (radioactive) material with removable contamination on the external surfaces of the package in excess of permissible limits (acute).

?177.800(c) Failing to instruct a category of employees in hazardous materials regulations (critical).

?177.801 Accepting for transportation or transporting a forbidden material (acute).

?177.817(a) Transporting a shipment of hazardous materials not accompanied by a properly prepared shipping paper (critical).

?177.817(e) Failing to maintain proper accessibility of shipping papers (critical).

?177.823(a) Moving a transport vehicle containing hazardous material that is not properly marked or placarded (critical).

?177.835(a) Loading or unloading a Class 1 (explosive) material with the engine running (acute).

?177.835(c) Accepting for transportation or transporting Division 1.1, 1.2, or 1.3 (explosive) materials in a motor vehicle or combination of vehicles that is not permitted (acute).

?177.835(j) Transferring Division 1.1, 1.2, or 1.3 (explosive) materials between containers or motor vehicles when not permitted (acute).

?177.841(e) Transporting a package bearing a poison label in the same transport vehicle with material marked or known to be foodstuff, feed, or any edible material intended for consumption by humans or animals unless an exception in ?177.841(e)(i) or (ii) is met (acute).

?180.407(a) Transporting a shipment of hazardous material in cargo tank that has not been inspected or retested in accordance with ?180.407 (critical).

?180.407(c) Failing to periodically test and inspect a cargo tank (critical).

?180.415 Failing to mark a cargo tank which passed an inspection or test required by ?180.407 (critical).

?180.417(a)(1) Failing to retain cargo tank manufacturer's data report certificate and related papers, as required (critical).

?180.417(a)(2) Failing to retain copies of cargo tank manufacturer's certificate and related papers (or alternative report) as required (critical).

Be safe.