§395.13 Drivers declared out of service
#11
11-30-2008, 11:48 PM
Unless they have changed the rules without letting anyone but you know, you are not allowed to use a laptop to do your log. Werner, of course is special, so it gets an exception. I direct you to the following regulation:
§395.8 Driver's record of duty status. (f)(2) Entries made by driver only. All entries relating to driver's duty status must be legible and in the driver's own handwriting. You have one of those nifty notebooks you can write on with a light pen? I doubt they would accept it, but at least it would be in your own handwriting.
Question 28: May a driver use a computer to generate his or her record of duty status (log book) and then manually sign the computer printouts in lieu of handwritten logs?
Guidance: A driver may use a computer to generate the graph grid and entries for the record of duty status or log book, provided the computer-generated output includes the minimum information required by §395.8 and is formatted in accordance with the rules. In addition, the driver must: 1. Be capable of printing the record of duty status for the current 24-hour period at the request of an enforcement officer. 2. Print the record of duty status at the end of each 24-hour period, and sign it in his or her handwriting to certify that all entries required by this section are true and correct. 3. Maintain a copy of printed and signed records of duty status for the previous 7 consecutive days and make it available for inspection at the request of an enforcement officer.
#12
12-01-2008, 09:02 AM
Okay, it looks like I stand corrected. They should update the regs then, but of course this is the federal government we are talking about, the world's most expensive broken machine.
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#13
12-01-2008, 09:05 AM
Sounds like about twice as much work as keeping a regular log to me. I'm all for using tech where it makes sense, but not when it complicates things. If you have to print and sign every day, it's just as big a hassel as writing one up. Not to mention that I refuse to drive with my notebook booted up... too big a risk for HD damage that way.
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"The Breakfast of Champions isn't cereal, it's the competition!" - "Success is how high you bounce when you hit bottom." - "An appeaser is one who feeds a crocodile, hoping it will eat him last." Last edited by Musicman; 12-01-2008 at 02:13 PM.
#14
12-01-2008, 09:11 AM
Not only that, but why would I use a log keeping system that makes it EASIER for the DOT to see if I have a logging error? This is absolute lunacy!
From DDL website, instructions to DOT officers: 2. To open DDL Software, click on the icon on the desktop 3. To see a list of violations, click on the Violation icon located on the toolbar. 4. To see a recap of what the driver has done in the past 60/7 days or if the driver is a 70/8days, click on Details button located on the right side under Recap. 5. Violations will also show up in the “yellow” zone on the grid. “No Driving in the Yellow” 6. A list stating the violation(s), section violated, and time/date violation began will be listed in the remarks section. 7. You can see current up to the minute drivers information by clicking on Drivers Info icon. 8. You may print any logs or details for a copy to attach to the citation.
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"The Breakfast of Champions isn't cereal, it's the competition!" - "Success is how high you bounce when you hit bottom." - "An appeaser is one who feeds a crocodile, hoping it will eat him last."
#15
12-01-2008, 10:04 AM
So essentially you can have todays and yesterdays logs incomplete(or not even started), but the previous 6 done, and they cannot put you OOS? I know Canada is much more strict.
But when are you "in service"? When your logs are done? That's one things about regs, they state when you are OOS, but not always when you are in service. The way I read it, as soon as you're caught up, you're good to go. Also, where is the regs regarding fines for not being up to date?
#16
12-01-2008, 12:46 PM
But when are you "in service"? When your logs are done? That's one things about regs, they state when you are OOS, but not always when you are in service.
The way I read it, as soon as you're caught up, you're good to go.
Also, where is the regs regarding fines for not being up to date?
#17
12-01-2008, 02:17 PM
So essentially you can have todays and yesterdays logs incomplete(or not even started), but the previous 6 done, and they cannot put you OOS? I know Canada is much more strict.
But when are you "in service"? When your logs are done? That's one things about regs, they state when you are OOS, but not always when you are in service. The way I read it, as soon as you're caught up, you're good to go. Also, where is the regs regarding fines for not being up to date?
__________________
"The Breakfast of Champions isn't cereal, it's the competition!" - "Success is how high you bounce when you hit bottom." - "An appeaser is one who feeds a crocodile, hoping it will eat him last."
#19
12-02-2008, 03:58 PM
allan5oh:
But when are you "in service"? When your logs are done? That's one things about regs, they state when you are OOS, but not always when you are in service. The way I read it, as soon as you're caught up, you're good to go.
Also, where is the regs regarding fines for not being up to date?
Currently there are only about 650 federal FMCSA inspectors that perform roadside inspections. The majority of those work full time on the border between Mexico and the US. If you are cited for a violation by a federal officer you are subject to the penalties listed in Appendix B of Part 386: 386appnB
(a)(1) Recordkeeping. A person or entity that fails to prepare or maintain a record required by parts 40, 382, 385, and 390-99 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,000 for each day the violation continues, up to $10,000.
(a)(2) Knowing falsification of records. A person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, 385, and 390-99 of this subchapter, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary is subject to a maximum civil penalty of $10,000 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation. (a)(3) Non-recordkeeping violations. A person or entity that violates parts 382, 385, or 390-99 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $11,000 for each violation. (a)(4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $2,750. (a)(5) Violation of 49 CFR 392.5. A driver placed out of service for 24 hours for violating the alcohol prohibitions of 49 CFR 392.5(a) or (b) who drives during that period is subject to a civil penalty not to exceed $3,750 for each violation. (b) Commercial driver's license (CDL) violations. Any person who violates 49 CFR part 383, subparts B, C, E, F, G, or H is subject to a civil penalty of $3,750.  Musicman:
Unless otherwise noted by the officer who put you out of service, you best not move your truck until an officer says it's ok. I know I got put OOS in OR and the officer told me when my time was up I could hit the road, but if you are caught moving when you should be shut down your ass, wallet, and freedom are in serious jeapardy.
Be safe. Last edited by Myth_Buster; 12-02-2008 at 04:00 PM.
#20
12-02-2008, 05:34 PM
allan5oh:
Minimum OOS for a log being two days behind is 10 hours... That's not what he asked. And if it IS the answer to what he asked, then there is no use in allowing a driver to "catch up his logs." By-the-by, many weigh stations are now under video survielliance, so they know if you leave early... They just mail you the OOS ticket. Be safe. Since the purpose of OOS for log violations, or not having them current, is that the officer cannot be sure any other way that the driver is rested before operating a CMV, then wouldn't this "mailing it in" make the DOT an accomplice if the driver drives off and kills someone? If they are interested in protecting the public..... they better jump in their little scooters and chase him down.
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