Has there been a recent crackdown on logs?
 

Somebody was telling me something changed March 1, 2009. Says a guy was investigated going back 10 years and they found 25 fraudulent logs. Jail time, prison, something like that. Lockridge supposedly covered it.

Has something changed? Myself, I drive slow (58-60mph), I'm usually nowhere near my 70, I match fuel, tolls, loading and unloading. Sounds pretty tame, huh? Even so, I often pull over like I am now and check message boards. I also take a 'can do' approach when I accept a load with a tight delivery time frame. You know, my logs and the satelite transponder may not match up, how shall I say this...'perfectly?'

Is this a new reason for concern? TIA

10 years? Who would keep 10 years worth of logs around? Carriers are only required to keep them 6 months.

I just try to be mindful of all the alligators out there. One minute you are doing your job, thinking about what you are going to do with your settlement once it is deposited, the next minute your fender gets busted up and you are out at least the deductible and out of work for a week or two.

Can you imagine pulling into the yard after a successful delivery on any ol' average day, only to be summoned into the office to learn you were audited and are facing a massive fine?

The guy I mentioned above, supposedly jail time. I might dig around and see if I can find anything written up on that.

Look, after I've slept for 7 hours, when I'm at my most energetic and alert, I like to crank the truck up and turn out some miles before I get hungry and start thinking about a break. Sitting there a couple hours just because I have to... This guy told me he arrived at his destination 7 hours before his delivery time. Claims he does it by the book. Says he called his company and asked them to move back his delivery time three hours so he'd be able to drive when he got unloaded. I don't want to bother my dispatcher with that. Turning down Canada loads is enough, other than that I want to make his life easy and just be one of the ones with whome everything pretty much flows smoothly and cordially. I also want good dispatches.

Anyway, if it gets too crazy, I may have to make some changes. I know how to get along fine, now. I won't be happy if I end up staring at the ceiling of my sleeper until my watch says I can go.

See, that's what I thought. Are you sure that hasn't changed? If so, this guy was stone-faced serious talking a bunch of junk. I didn't get that impression.

A guy, like Big Diesel or any other Owner Operator with their own authority, OR an O/O like either of us, whom drives his own truck, and uses the log pages for proof to claim the per diem.

Though we are only required to keep the paperwork 7 years...some keep everything, forever.

From FMCSA 395.8;

(k) Retention of driver’s record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt.



Some people strive to lie to others, it is beyond me why they do that.

Any type of record to show that you were in the truck would suffice. You don't need an hour by hour recap.

Come to think of it it would be easier to keep a record of the days you were not in the truck. Throw the rest of the stuff away.

The next question is, does my company pitch them at 6 months? I know this, they'll do what's in their best interest, not mine. I hope it's not getting too crazy. BTW, thanks for the reference. I appreciate anyone who comes up with good sources.

My guess would be is that most companies don't retain them beyond what is required by law. Larger carriers scan paper logs into a database, then they shuck the paper. How they periodically expunge the database I am not sure.

You might try gently asking how long your company keeps daily logs.:lol:

No need to be gentle, they know the deal. They don't want me calling up to have my delivery time moved back anymore than I want to be calling- though, they never said that and you can't prove it- a little Bart Simpson thinking going on there.

I don't think they can go back 10 years for an audit. I don't think the IRS can go back more than 7 years when they do an audit. I can't imagine any agency being able to go back further than the IRS. It doesn't sound right to me.

In cases of proven fraud there is no limitation.

If the paperwork is available, and they have the time to go through it, they will :). I keep only my last 8 days on me, the rest get stuffed away far far away.

They went back 10 years and only found 25 fraudulant logs? He sure wasnt a supertrucker.

Ha, they would be lucky to find 25 accurate logs on me... :deal::zzz:

I am not sure how you would prove fraud without the documents. I don't think the government can prosecute anyone for criminal activity after 7 years with current statute of limitations laws other than murder.

Statute of limitations does not apply to the IRS for a false or fraudulent tax return with the intent to evade any tax.

Are you interested in helping on an effort to overturn regulations requiring you to do so?



stonefly

No, carriers may only be cited under the safety regulations for six months. Logs must be kept per Part 379:

Part 379: Preservation of records

Be safe.

BULLCHIT!!! :rofl::rofl::rofl:

So, you are saying that supporting data for periodical reports of hours of service are the actual logs?

I'm just curious as to where you guys got your law degrees?

Let me see if I understand you fully. You are "just" curious to know as to where these "so-called" law degrees originated. Or you are curious to "know" just where law degrees come from.

That would seem to be what he is saying... contradicted, of course, by the reg that KC0iv posted.

This was probably related to that bad bus accident in Wisconsin a couple years back.

FMCSA would not be the first govenment entity that has a problem keeping all regs in compliance with each other. Until recently, CT had a law on the books that all male members of a family, who are over the age of 10, had to carry a shotgun to church on Sundays to help protect the congregation from indian attack. Now look at how old some of the gun laws are. Some laws in varying states are still in conflict. What make you think that FMCSA is any different? And, if you claim your meal allowance while you're away from home, and under the HOS rules, you have to keep your log pages for 7 years for IRS. (That's what I was told by a tax audit agent of the IRS.)

I want to know where the people on here got their law degrees, so I can go get one.
Then, I too can be an expert on all things legal

:D

Fre....You could get started on that Law Degree, by looking here! Georgia Law Schools - Georgia State Resources - AllLaw

:p

you know what I was wondering?
are you a guy from Orange Texas, or are you an orange guy from Texas??

Well, put down that doobie and think it out. There's a town in Texas named "Orange." It about got wiped out by some hurricane (Ike was it?) Now, HOW many guys from Texas have you ever met who were ORANGE? :eek1:

I'll leave it to you to figure out. :lol2:

Well, I thought maybe he could be the first one!! Is that so wrong?? :surrender:

Hummmm. I'm a guy who lives in Orange TX fer sure. However...I am "from" Montana (Cowgirls are awesome in Montana). That is where I grew up. I use the avatar I do, because I think it resembles me in so many ways.

Maybe I should find me a "Bull in a China Shop" avatar? :p

Ike it was! But before Ike....There was Rita. Funny thing about Rita and Ike. Orange had been missed by hurricanes for 75 years, then I moved here in march of 2005. Rita came to call. The house I lived in got destroyed by falling trees. Then Ike last year. His water got up into my yard, about half way from the street.

I'm thinking I could do the people of this fair area a favor, by moving elsewhere. :clap:

So, you are saying that you look like a Teddy Bear in suspenders?:rofl:

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