§395.13 Drivers declared out of service
 

Any input on the below rule? In the past, I’ve had discussions with many a safety director who refused to believe that your log did not have to be current, but in 395.13 (b)(3) is clearly states that you may not be placed out of service for not having a current log. Anybody ever try quoting this one to the DOT when being harassed about not having a current log? I know many claim to have put out of service for not having started the current day’s log. If not put out of service, can you still be fined?


(b) Out of Service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

(b)(2) No driver required to maintain a record of duty status under §395.8 or §395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior 7 consecutive days.

(b)(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.

As it states, if you have everything but today and yesterday, then DOT must allow you to bring your status current. They will then give you a nice ticket for not having a current status. Just because they have to allow you to bring your status current doesn't exempt you from getting a fine for not having it that way when you were first examined by them.

Exactly right.

I have the $115 receipt from my fine in PA to prove it.

I assumed they could still fine you... important thing though is no out of service. I've been lucky, and only been DOTed four times in ten years, but I'm also lazy about keeping my log current, so this is good information to know. I've known about this reg for years but have never tried using it on an officer. I have argued the point with a few safety officers of companies I've been leased to and none of them knew that this reg was in the book.

Better read that carefully:

You have to understand you have to read the entire regulation:

IOW, if today is Wednesday and you have an entry for sometime on Tuesday, you may catch the log up and will be subject to any penaties associated for the log not being current; however, if the last enty was sometime on Monday, you're OOS.

Be safe.

Technically, if your last entry was midnight on Monday, then you couldn't be put OOS (because Monday's log would be complete, and only Tuesday and Wednesday would be incomplete, thereby fulfilling the "6 days complete" requirement for the exception).

You are forgetting...the log for tuesday HAD to be started, to qualify.

Best just to keep them rather current, isn't it? I keep mine on the laptop. Current up to the second.

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.

Guess you might like to go to this link... http://www.driversdailylog.com/image...4Jan2002p3.gif
Also, this one... http://www.driversdailylog.com/ddllegal.htm

There is a letter available that is signed by USDOT, FMCSA, that says Driver's Daily Log is legal to use. That means your logging on a laptop IS legal.

I've been DOT'ed a number of times, and never once did any of them say one word about my logs being illegal on a laptop. As a matter of fact, the comments they make about my logs is more on the order of "THEY LIKE THEM... THEY CAN READ THEM." Logging on a laptop is legal, not only in the USA, but in Canada as well.