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Dawn · Joined: 31 Oct 2006 Posts: 323 Location: Indianapolis, In

The websites are included and what seems to me they are from DOT! You can confirm!

You can be put in jail/prison for FALSIFYING your logs! Point made!
Please read, although I am sure you would not admit it, but you know the right guy would say ok I am mistaken you, and you do understand the regulations. I DON'T "KNOW EVERYTHING" but I do know what I am talking about!
Rear-end collision: Driving excessive hours: Failure to monitor driver's logs: Wrongful death: Fractured collarbone: Settlement
Law Reporter, Sep 1999

Find More Results for: "Falsifying driver logs "
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Juarez v. Kirchenschlager, Wyo., Laramie County 1st Jud. Dist. Ct., Doc. 151, No. 341, Apr. 15,1999.

Fiorini, 40, was a passenger in a van driven by Janeczek, 38, when they were struck from behind by a tractor-trailer. Fiorini suffered fatal injuries. She had been a machinist earning about $22,000 annually. She is survived by one adult and four minor children. Janeczek suffered road burns, psychological trauma, and a fractured collarbone that required two surgeries. His medical expenses totaled about $30,000. A school district engineer earning about $33,000 annually, he missed about 10 weeks of work.

Fiorini's estate and Janeczek sued the truck driver, alleging he had been fatigued from driving excessive hours. Plaintiffs also sued the trucking company, alleging direct liability for encouraging safety regulation violations by failing to monitor or confirm the driver's logs and receipts. Plaintiffs claimed the driver's logs had contained violations of the Federal Motor Carrier Safety Act, 49 U.S.C. sec 31101 et seq., including (1 ) driving and remaining on duty an excessive number of hours, (2) failing to log on-duty hours, (3) falsifying the number of hours spent driving and on duty, and (4) falsifying the truck's location. Suit against the company also alleged liability under the doctrine of respondeat superior.

Defendants argued that a trailer being towed by Janeczek's van did not have operating taillights.

http://www.findarticles.com/p/articles/mi_qa3898/is_199909/ai_n8873013

Title: Virginia Truck Driver Gets Jail Time for Falsifying Logbooks
Date: August 11, 2006
Type: Investigation
Summary: On August 11, Matthew L. Gessner, a former driver for Carson Brown Trucking, Inc., Wytheville, VA, was sentenced in U.S. District Court in Brunswick, GA to 10 months in prison followed by 3 years probation for making false statements on his commercial driver's license daily logbooks. On September 12, 2004, a truck driven by Gessner veered off Interstate 95 in Camden County, GA, striking a parked vehicle and killing one of the occupants - a ten year-old child. Our investigation found that Gessner had fallen asleep at the wheel after driving 19 hours without rest, far exceeding the maximum driving hours permitted by federal highway safety regulations. Our investigation also disclosed that Gessner had falsified his logbook on several prior occasions to conceal his hours-of-service violations. Gessner was indicted by a Federal grand jury in March 2006 and pled guilty in May. A state vehicular homicide charge is pending. This investigation was conducted jointly with FMCSA.

http://www.oig.dot.gov/item.jsp?id=1869

Again I am sure you will find something to make yourself look good and me look bad, that's ok though! I understand! :)

Rev.Vassago · Posted: Tue Nov 07, 2006 9:31 pm Post subject:

Well, the first case you quoted was a CIVIL case, not a CRIMINAL case.

But the second case - I stand corrected.

Now, since I can admit when I am wrong, I expect that you will admit that you are mis-interpreting the regulations, and posting mis-information in regards to:

1. Split sleeper berths
2. Off Duty time
3. Driving time at a shipper or receiver on private property
4. On duty time when you aren't responsible for loading or unloading
5. Flagging periods of less than 15 minutes
6. Those pesky "cards" that you claim are REQUIRED, but there is no DOT reg to back it up

Rev.Vassago = 6
Dawn = 1

Dawn · Joined: 31 Oct 2006 Posts: 323 Location: Indianapolis, In

1. Split sleeper berths
2. Off Duty time
3. Driving time at a shipper or receiver on private property
4. On duty time when you aren't responsible for loading or unloading
5. Flagging periods of less than 15 minutes
6. Those pesky "cards" that you claim are REQUIRED, but there is no DOT reg to back it up

1) split breaking "what did I say that was wrong?"
2) off duty time" what did I say that was wrong?"
3. Umm you can log that as on duty, it only takes a few minutes to drive from the gate to the dock so umm that would be under your so called "15 minutes" and my 7 min"?
4.) well if you are not responsible for a load at the customer then sure go off duty! That is what I said. But honestly if you log off duty then umm the DOT is going to say you left your load & truck at the customer. (now really how many times do you do that?
5) I will find the answer to that for you, but lately I have just been so darn busy at work I don't have time to look it up! I am just so darned popular everyone wants to ask me everything. Weird my boss who has been doing it allot longer than me and my side kick seems to agree with what I say about all the above you question!) I guess you need the inside "info" from the actual DOT officer that Audits the company "not the driver on the road" which strikes up early you said a driver does not get audited a company does. What do you think DOT does to you on the road when he takes your log book? that is called an audit!
6) I never said they was required (as explained in the other post) I said if your company does not give you that card then meal stops are supposed to be loggen on-duty! again I will find that one.

Like I said you can find an answer somewhere in the book, but you will have to go somewhere else to find the answer to that answer, so I give it to you simple so you don't have to go here and there to find the answer!

If I am wrong I will be glad to let you know

greg3564 · Joined: 30 Aug 2006 Posts: 1268 Location: Leander, TX

Dawn wrote: 1. Split sleeper berths
2. Off Duty time
3. Driving time at a shipper or receiver on private property
4. On duty time when you aren't responsible for loading or unloading
5. Flagging periods of less than 15 minutes
6. Those pesky "cards" that you claim are REQUIRED, but there is no DOT reg to back it up

3. Umm you can log that as on duty, it only takes a few minutes to drive from the gate to the dock so umm that would be under your so called "15 minutes" and my 7 min"?

So if you were to let's say collide with another truck in the parking lot and the police/DOT were called, they would be OK with On Duty Not Driving? How do you explain being in control of a commercial vehicle under load and "On Duty Not Driving" while driving to the dock?

yoopr · Joined: 01 Dec 2004 Posts: 12866

How do you explain being in control of a commercial vehicle under load and "On Duty Not Driving" while driving to the dock?

Good luck with that-You can't

Rev.Vassago · Posted: Tue Nov 07, 2006 11:52 pm Post subject:

I am breaking this up into several posts, as I took the time to find your quotes, and the FMCSA regulations that contradict them. I expect that you will take the time to read each one through from beginning to end, as well as read the FMCSA regulation that I post with it.

Dawn wrote: 1) split breaking "what did I say that was wrong?"

Here you go:

Dawn wrote: A) Go to the end of the previous break; count over 14, make a 14 hour mark
B) Go to the end of the previous break; Do you have an 8 hr or less than 10 in the SLEEPER?
1) Yes: Count # of hours in the sleeper and count over from your 14 hour mark you just made and make a new mark. (if I had 8.5 in sleeper then I count over 8.5 hours from the 14 hr mark I just made on Step A).
2) NO: Your final 14 hour mark you made on step A is your 14 hour window.
3) Driving time: Add up driving hours in between the 2 breaks (8&2)
Subtract that from 11 and that is how many hours you are allowed to drive

The highlighted part is WRONG. If you have off duty time included with your driving time, then you may not be able to drive 11 hours, as it will put you over your 14 hour window.

Besides - that is a really complicated way of doing something that is very easy.

Rev.Vassago · Posted: Tue Nov 07, 2006 11:53 pm Post subject:

Quote: 2) off duty time" what did I say that was wrong?"

Here you go:

Dawn wrote: Even logging off duty at a shipper/consignee is a BIG NO NO!

There is no DOT regulation that states that you cannot log OFF DUTY for time spent at a shipper. If you are not responsible for loading or unloading, then you can log OFF DUTY.

Rev.Vassago · Posted: Tue Nov 07, 2006 11:53 pm Post subject:

Quote: 3. Umm you can log that as on duty, it only takes a few minutes to drive from the gate to the dock so umm that would be under your so called "15 minutes" and my 7 min"?

Once again, you post incorrect information. Here are the EXACT words from the DOT:

Quote: �395.2 Definitions.

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

And the interpretation of the same:

Quote: Question 9: A driver drives on streets and highways during the week and jockeys CMVs in the yard (private property) on weekends. How is the yard time to be recorded?

Guidance: On-duty (driving).

This specifically says that ANY TIME SPENT BEHIND THE WHEEL OF A VEHICLE THAT IS IN OPERATION is ON DUTY (driving) time.

Rev.Vassago · Posted: Tue Nov 07, 2006 11:54 pm Post subject:

Quote: 4.) well if you are not responsible for a load at the customer then sure go off duty! That is what I said.

No it isn't. You said:

Dawn wrote: Even logging off duty at a shipper/consignee is a BIG NO NO!

Which is the complete OPPOSITE.

Quote: But honestly if you log off duty then umm the DOT is going to say you left your load & truck at the customer.

No they aren't. According to the DOT REGULATIONS, as long as you are not performing any tasks while the truck is being loaded or unloaded, then you can log OFF DUTY. If any tasks that you perform take less than 15 minutes, they need to be FLAGGED.

Rev.Vassago · Posted: Tue Nov 07, 2006 11:54 pm Post subject:

Quote: 5) I will find the answer to that for you, but lately I have just been so darn busy at work I don't have time to look it up!

And you best not even bother, because it doesn't exist. Trust me - I checked.

Rev.Vassago · Posted: Tue Nov 07, 2006 11:55 pm Post subject:

Quote: 6) I never said they was required (as explained in the other post) I said if your company does not give you that card then meal stops are supposed to be loggen on-duty! again I will find that one.

You certainly did say they were required:

Dawn wrote: 2 people have now told you that the company has to give you a card to allow you to log off duty while in transit with a load, so why can't you BELIEVE IT!
Dawn wrote: To be off duty while under a load you must have the card to ALLOW YOU to go off duty for meal breaks personal use.

The only time you are required to be ON DUTY (not driving) while on a meal stop is if you are hauling HAZMAT. Here is the FMCSA interpretation that pertains to it:

Quote: Question 4: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver allowed to record his stops during a tour of duty as off-duty time when the CMV is laden with HM and the CMV is parked in a truck stop parking lot?

Guidance: Drivers may record meal and other routine stops made during a tour of duty as off-duty time, except when a CMV is laden with explosive HM classified as hazard divisions 1.1, 1.2, or 1.3 (formerly Class A or B explosives). In addition, when HM classified under hazard divisions 1.1, 1.2, or 1.3 are on a CMV, the employer and the driver must comply with �397.5 of the FMCSRs.

Any other time, you are not required to do so. There is no "card" that you are required to have. Here is the FMCSA interpretation regarding meal stops:

Quote: Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver's decision whether such time is recorded as off-duty?

Guidance: It is the employer's choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.

And as far as getting written permission, there is no requirement to keep written permission in the truck, or even at the Motor Carrier. In fact, it says specifically that you don't need to keep written permission to go off duty when not performing a task. Here is the FMCSA interpretation that relates to it:

Quote: Question 2: What conditions must be met for a CMV driver to record meal and other routine stops made during a tour of duty as off-duty time?

3. If the driver has been relieved from duty, as noted in (1) above, the duration of the relief from duty must have been made known to the driver prior to the driver's departure in written instructions from the employer. There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.

Rev.Vassago · Posted: Tue Nov 07, 2006 11:55 pm Post subject:

Quote: Like I said you can find an answer somewhere in the book, but you will have to go somewhere else to find the answer to that answer, so I give it to you simple so you don't have to go here and there to find the answer!

And that is fine and dandy (although we don't need it here, as we are perfectly capable of finding the regs, and understanding them), but you are posting INCORRECT AND INCOMPLETE INFORMATION.

Now that I have shown you EXACTLY where you are posting incorrect or incomplete information, I expect you to gracefully admit it, just as I did.

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