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Thread: Has there been a recent crackdown on logs?

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    lowrange's Avatar
    lowrange is offline Senior Board Member lowrange is on the right path.  You could probably safely loan them a quarter.
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    Default Has there been a recent crackdown on logs?

    Somebody was telling me something changed March 1, 2009. Says a guy was investigated going back 10 years and they found 25 fraudulent logs. Jail time, prison, something like that. Lockridge supposedly covered it.

    Has something changed? Myself, I drive slow (58-60mph), I'm usually nowhere near my 70, I match fuel, tolls, loading and unloading. Sounds pretty tame, huh? Even so, I often pull over like I am now and check message boards. I also take a 'can do' approach when I accept a load with a tight delivery time frame. You know, my logs and the satelite transponder may not match up, how shall I say this...'perfectly?'

    Is this a new reason for concern? TIA

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    "I love college football. It's the only time of year you can walk down the street with a girl in one arm and a blanket in the other, and nobody thinks twice about it." --Duffy Daugherty



  3. #3
    Creek Jackson's Avatar
    Creek Jackson is offline Senior Board Member Creek Jackson is on the right path.  You could probably safely loan them a quarter.
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    Quote Originally Posted by lowrange View Post
    Somebody was telling me something changed March 1, 2009. Says a guy was investigated going back 10 years and they found 25 fraudulent logs. Jail time, prison, something like that. Lockridge supposedly covered it.

    Has something changed? Myself, I drive slow (58-60mph), I'm usually nowhere near my 70, I match fuel, tolls, loading and unloading. Sounds pretty tame, huh? Even so, I often pull over like I am now and check message boards. I also take a 'can do' approach when I accept a load with a tight delivery time frame. You know, my logs and the satelite transponder may not match up, how shall I say this...'perfectly?'

    Is this a new reason for concern? TIA
    10 years? Who would keep 10 years worth of logs around? Carriers are only required to keep them 6 months.
    Last edited by Creek Jackson; 05-19-2009 at 05:43 PM. Reason: I like to edit!

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    I just try to be mindful of all the alligators out there. One minute you are doing your job, thinking about what you are going to do with your settlement once it is deposited, the next minute your fender gets busted up and you are out at least the deductible and out of work for a week or two.

    Can you imagine pulling into the yard after a successful delivery on any ol' average day, only to be summoned into the office to learn you were audited and are facing a massive fine?

    The guy I mentioned above, supposedly jail time. I might dig around and see if I can find anything written up on that.

    Look, after I've slept for 7 hours, when I'm at my most energetic and alert, I like to crank the truck up and turn out some miles before I get hungry and start thinking about a break. Sitting there a couple hours just because I have to... This guy told me he arrived at his destination 7 hours before his delivery time. Claims he does it by the book. Says he called his company and asked them to move back his delivery time three hours so he'd be able to drive when he got unloaded. I don't want to bother my dispatcher with that. Turning down Canada loads is enough, other than that I want to make his life easy and just be one of the ones with whome everything pretty much flows smoothly and cordially. I also want good dispatches.

    Anyway, if it gets too crazy, I may have to make some changes. I know how to get along fine, now. I won't be happy if I end up staring at the ceiling of my sleeper until my watch says I can go.

  5. #5
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    Quote Originally Posted by Creek Jackson View Post
    10 years? Who would keep 10 years worth of logs around? Carriers are only required to keep them 6 months.
    See, that's what I thought. Are you sure that hasn't changed? If so, this guy was stone-faced serious talking a bunch of junk. I didn't get that impression.

  6. #6
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    Quote Originally Posted by Creek Jackson View Post
    10 years? Who would keep 10 years worth of logs around? Carriers are only required to keep them 6 months.

    A guy, like Big Diesel or any other Owner Operator with their own authority, OR an O/O like either of us, whom drives his own truck, and uses the log pages for proof to claim the per diem.

    Though we are only required to keep the paperwork 7 years...some keep everything, forever.
    Space...............Is disease and danger, wrapped in darkness and silence! Star Trek2009

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    Quote Originally Posted by lowrange View Post
    See, that's what I thought. Are you sure that hasn't changed? If so, this guy was stone-faced serious talking a bunch of junk. I didn't get that impression.
    From FMCSA 395.8;

    (k) Retention of driver’s record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.



    Some people strive to lie to others, it is beyond me why they do that.

  8. #8
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    Quote Originally Posted by Orangetxguy View Post
    A guy, like Big Diesel or any other Owner Operator with their own authority, OR an O/O like either of us, whom drives his own truck, and uses the log pages for proof to claim the per diem.

    Though we are only required to keep the paperwork 7 years...some keep everything, forever.
    Any type of record to show that you were in the truck would suffice. You don't need an hour by hour recap.

    Come to think of it it would be easier to keep a record of the days you were not in the truck. Throw the rest of the stuff away.
    Last edited by Creek Jackson; 05-19-2009 at 06:15 PM.

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    Quote Originally Posted by Creek Jackson View Post
    From FMCSA 395.8;

    (k) Retention of driver’s record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.



    Some people strive to lie to others, it is beyond me why they do that.
    The next question is, does my company pitch them at 6 months? I know this, they'll do what's in their best interest, not mine. I hope it's not getting too crazy. BTW, thanks for the reference. I appreciate anyone who comes up with good sources.

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    Quote Originally Posted by lowrange View Post
    The next question is, does my company pitch them at 6 months? I know this, they'll do what's in their best interest, not mine. I hope it's not getting too crazy. BTW, thanks for the reference. I appreciate anyone who comes up with good sources.
    My guess would be is that most companies don't retain them beyond what is required by law. Larger carriers scan paper logs into a database, then they shuck the paper. How they periodically expunge the database I am not sure.

    You might try gently asking how long your company keeps daily logs.

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    Quote Originally Posted by Creek Jackson View Post
    My guess would be is that most companies don't retain them beyond what is required by law. Larger carriers scan paper logs into a database, then they shuck the paper. How they periodically expunge the database I am not sure.

    You might try gently asking how long your company keeps daily logs.
    No need to be gentle, they know the deal. They don't want me calling up to have my delivery time moved back anymore than I want to be calling- though, they never said that and you can't prove it- a little Bart Simpson thinking going on there.

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    I don't think they can go back 10 years for an audit. I don't think the IRS can go back more than 7 years when they do an audit. I can't imagine any agency being able to go back further than the IRS. It doesn't sound right to me.

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    Quote Originally Posted by GMAN View Post
    I don't think they can go back 10 years for an audit. I don't think the IRS can go back more than 7 years when they do an audit. I can't imagine any agency being able to go back further than the IRS. It doesn't sound right to me.
    In cases of proven fraud there is no limitation.

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    If the paperwork is available, and they have the time to go through it, they will . I keep only my last 8 days on me, the rest get stuffed away far far away.
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    They went back 10 years and only found 25 fraudulant logs? He sure wasnt a supertrucker.
    Don't trust anybody. Especially that guy in the mirror.

  16. #16
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    Quote Originally Posted by Jumbo View Post
    They went back 10 years and only found 25 fraudulant logs? He sure wasnt a supertrucker.
    Ha, they would be lucky to find 25 accurate logs on me...
    My Trucking Blog: http://matcattruckin.blogspot.com/
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    As I sit looking all around,
    Confusion and uncertainty is all I found.
    The answers are there,
    But I do not know where.
    Optimistic and hopeful dreams,
    Are all I have so it seems.
    The future I do not know,
    So all I can do is take it slow.
    But I do know it will work out,
    So I wait and watch without a doubt
    .

  17. #17
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    Quote Originally Posted by dobry4u View Post
    In cases of proven fraud there is no limitation.

    I am not sure how you would prove fraud without the documents. I don't think the government can prosecute anyone for criminal activity after 7 years with current statute of limitations laws other than murder.

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    Quote Originally Posted by GMAN View Post
    I am not sure how you would prove fraud without the documents. I don't think the government can prosecute anyone for criminal activity after 7 years with current statute of limitations laws other than murder.
    Statute of limitations does not apply to the IRS for a false or fraudulent tax return with the intent to evade any tax.

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    Quote Originally Posted by lowrange View Post

    I won't be happy if I end up staring at the ceiling of my sleeper until my watch says I can go.
    Are you interested in helping on an effort to overturn regulations requiring you to do so?



    stonefly

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    Quote Originally Posted by Creek Jackson View Post
    10 years? Who would keep 10 years worth of logs around? Carriers are only required to keep them 6 months.

    No, carriers may only be cited under the safety regulations for six months. Logs must be kept per Part 379:

    Appendix A to Part 379—Schedule of records and periods of retention

    K. SUPPORTING DATA FOR REPORTS AND STATISTICS

    2. Supporting data for periodical reports of accidents, inspections, tests, hours of service, repairs, etc. 3 years.
    Part 379: Preservation of records

    Be safe.

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