Stupid is as stupid does:
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By doing this..it puts him a day ahead of his logs........Well he ended up waiting until the next morning because by the time he got there it was too late.
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So IOW, he could have driven legal and got there at the same time.
Carriers and drivers face penalties after the fact for fudging their logs. Falsification of log books is the prime reason why electronic logs are on the proposed rule making circuit.
What drivers forget is there is a ton of documentation retained by their employer for tax purposes and the US DOT. The FMCSR requires carriers to keep their logs for at least six months under Part 395 and for three years under
Part 379 See Section K Supporting Documents.
There are three methods of falsification cited by the FMCSA:
1. Nominal = Driver purchased fuel but didn't log fueling time.
2. Critical = One hour or 50 miles, i.e. Shortest distance from Chicago to Saint Louis is 300 miles requiring 5.25 hours of driving time, driver logs the run in 4.25 hours.
3. Deliberate = Driver hid an hours of service violation, i.e. Driver drove for 13 hours and logged 11 hours
When the FMCSA performs a compliance review it takes days, weeks, or months to complete the review based on the carrier's operation. Everything is checked and cross referenced: D & A, HM, HOS, DQ, Maintenance, etc. The carrier has to pull out moutains of documentation to be examined. The motor carrier receives one of three ratings:
1. Satisfactory
2. Conditional
3. Unsatisfactory
Numbers 2 & 3 can cost a carrier their business, customers, raised or dropped insurance, or all of the above. Not to mention additional scrutiny by the FMCSA.
When drivers have accidents when they are in violation of the HOS they face criminal charges for neglegance, i.e. driver was out of hours at 3:00 PM and has an accident at 4:00 PM. Judges and prosecuting attorneys are using the space time continuim i.e if the driver had stopped when required the accident would have never occurred.
I know of three drivers charged with either manslaughter or 2nd degree murder now spending hard time or facing hard time. Attorney fees, loss of work, media attention, etc. can ruin a driver's life regardless of the outcome of the trial.
Folks please weigh your decisions carefully, it only takes one accident to ruin a life. False logs are easy to detect when there is a mountain of supporting documents. Don't keep the supporting document? The carrier can be cited and have their safety rating reduced to a Conditional or Unsatisfactory. Modify the document, i.e. cover the time? Face criminal charges and adminstrative penalties for
Part 390.35.
Be safe.
