What can happen to you
#21
11-07-2006, 05:57 AM
Originally Posted by Uturn2001
The closest thing in the "regs" comes from the Interpretation for Part 395: Hours of Service of Drivers which is found HERE
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?
Guidance: 1. The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying. 2. The duration of the driver's relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a CMV will be significantly reduced. 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. 4. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.
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.
#22
11-07-2006, 01:16 PM
Yoopr: Rev did ask for it, he seemed to doubt (once again") that it could be possible a driver could be arrested for falsifying his logs! I would refer you to the message, but I really don't want to read through all the crap. Feel free to look for it in my messages. And he started picking when I sent the split break message (I belive my first post) and if you look below my message on down, someone did ask about split breaking! I just posted it so everyone could see it and the one who asked could see it as well. So that is all, I am around regardless of what Rev or anyone says! I can hang, cause if I couldn't I sure wouldn't have dealt with it for 18 years! I have dealt with many drivers as you guys and guess what, they eventually come back and appoligize for arguing with me and sometimes that is because they got fined or wrote up. Sometimes they just argue because they are mad at something else and I just blow the arguing off, as they are having a BAD DAY! So I see Rev has many bad days, he likes to argue, he really made me feel welcome! :lol:
#24
11-07-2006, 01:55 PM
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.
READ this part again "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! (I re typed that in BOLD letters so you could make sure you could see it! 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! AND YES FALSIFYING LOGS IS A CRIMINAL OFFENSE, if you cause DEATH! and if you injure someone and you was found to be falsifying your logs (which would prove you are over your hours of service) you would be held ACCOUNTABLE! Now would you go to prison for the injury "probably not" Now get in an accident and kill someone and they "FIND OUT" you are falsifying your logs and umm lets see you go to prison! Call the attorney that advertises "have you been in an accident with a truck driver "please call" and ask him if I am over my hours or falsifying my logs and I get in an accident and someone gets killed, what will happen to me. Let me know the answer, I would do it, but I ALREADY KNOW THE ANSWER! And you would not believe the ANSWER!
#25
11-07-2006, 02:03 PM
There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.
READ this part again "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! (I re typed that in BOLD letters so you could make sure you could see it!
There are no record retention requirements for these instructions on board a vehicle or at a motor carrier's principal place of business.
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!
AND YES FALSIFYING LOGS IS A CRIMINAL OFFENSE, if you cause DEATH!
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