To some extent it is a "cover-their-butt." action. However, if by chance there is an audit both you and them can be cited.

Something I didn't say the first time. Be sure to reply to their questions. Answer they as you explained it to us. And be sure to retain a copy of this reply.

You are required to have the last 7 days (plus today) in your truck. Any log you have, after you turn a copy in to the company, you don't have to retain after 7 days. I would never recommend you destroy them. What I did and recommend is retain them at home.

The company is required to maintain their copy for 6 months.

kc0iv

 

While you may be at risk for a fine for six months, or longer depending on how long your company retains log sheets, I would not loose any sleep over it unless you make a habit of violating the HOS. When the DOT comes in to a company and does an audit they tend to overlook the occasional screw up by a driver but will get really PO'd if they start to see a pattern to it.

As far as the form your company wants you to fill out, yes it is something of a CYA effort on their part. This way they can say, if it is brought up in an audit, that they are making efforts to comply and make sure their drivers comply with all FMCSA regs. Of course, once again, if a drivers starts collecting these things then it may lead to termination, but a few over a long period of time usually is not a big issue at any company.

 

You are not in violation. You are allowed one 16 hr work day within a 7 day period. if you use the 16 hr exception to get you back to the yard it is legal. Also you like Is stated before it can only be done one time in a seven day stretch. I used a 16 hr day once a week when I was with Sysco.


http://www.fmcsa.dot.gov/rules-regul...#_Toc111021253

Read this, It may make more sense. Good luck

 

Is it me, or does Unkut have a new crisis every other day!

Unkut, it has been advised to many others and myself, that you need to find a different company to work for! Over the last several weeks there has been one issue after another that you have posted. It seems to me, that your company is either totally outlaw or this stuff does not actually happen.

You are the ultimate and soul responsible person in the operation of your commercial motor vehicle. If, you keep running illegal, and an accident occurs in which a serious injury or death occurs. You will be spending many years in jail, no doubt about that. The law will go back as far as they wish to see you past logs, compare them to fuel, toll, weight and other time stamped documents, and if they do not match, you will never be able to justify you logs or what you have done.

If, in fact, your company is requiring you to run illegal, then they too will be fined and possibly have their operating authority revoked. But, You will be the one behind bars.

If, in fact, all this stuff over the last several weeks have occured, I would highly suggest that you heed the advice of those on this board, that have given you excellent advice, and find another company or line of work! If these things are not happening, then post your questions with a hypothetical disclaimer such as, " Hypothetically, if this were to happen, what would you do?" That way, you are not eventually tagged as the "Boy who cried wolf!"

Good luck!

 

You are required to keep the current day and the 7 previous days. You are allowed to keep as many days as you want, but they are subject to review and possible tickets. It is wise to keep only what is required by law.

 

what's weird is he will pose a question like he has been driving for a week and knows nothing. then someone else will pose a question and he will answer it like he has been driving for 20 years. I think he just likes to post..

 

I swear that I said the same thing. Thank you IBAMARS for the back up and posting the link.

 

Honestly I think they set you up. Sounds really fishy to me. I can't think of any reason they would do that to you other than to hang yourself and send you packing. I hope I'm wrong but it looks that way to me.

 

That is basically what I am thinking! Something is not right!

 

From what I have been taught, and understand from reading the regs, his situation does not fall under the adverse conditions rule. Also, it does not fall under the short haul provisions either. The 16 hour provision cannot be used by OTR drivers, only the 2 hour extension for adverse conditions, such as weather.

His employer, if this is a real situation, deliberately set him up on and impossible run.

Go back through the archives, and you will find many post from unkut that just do not add up. I think his very first one, was a run he went on without a log book, was stopped at the scales, and then let go. A little fishy too me.

Anyhow, if his employer is actually doing that stuff to him, he needs to find a new job.