HOS writeups-not right, chime in please
 

Okay I want to see what you all think. Before we get into this my driver definitely screwed up and should have been wrote on something but I think I can fight this and get off record. I will put just as says on report, both were out of service:

395.8E False log book for 6/11/2014 THRU 6/17/2014 HAD TWO LOGBOOKS WITH SAME HOURS AND NO COMPLETE DAY OF LOGS BEFORE 6/16/2014

395.8K2 Driver failing to retain previous 7 days records of duty status DRIVER WAS MISSING DAYS 6/11/2014 THRU 6/17/2014

Caps are just way it is on report. First off my driver spilled his coffee on logs and screwed them up. Yes I was 50 feet in the air and wanted to kill him lol. But after looking more closely I realized how can he have false log book on 6/11/2014 thru 6/17/2014 if he had no logs 6/11/2014 thru 6/17/2014? Would false logs be required to have logs? I am not defending driver at all, just looking at my CSA hit and thinking they overstepped here. One or the other but not both.

If he was driving/working those days I would say good luck.

How can coffee ruin 6 days of logs? I don't think you should be owning trucks. Just sayin'.

The DOT officer was well within his rights to write up your driver. It was the driver who was in the wrong. Even if he had spilled coffee on his logs, it would not have likely destroyed them to the point where he could not redo them. He also had no business showing the DOT 2 logs books. I think you are stuck with the points. And this guy is an accident and lawsuit waiting to happen. If he does become involved in an accident he could really cause you some serious problems. I can go along with a lot of things with drivers as long as they shoot straight with me. If they lie to me, I won't keep them around.

Before you jump to conclusions on how I run my biz the driver has been terminated. I cannot have that irresponsibility holding on to my steering wheels. I am very upset on this, one idiot made me go from good safety score to crap in one pull in. I am thinking about going to elogs to ensure this does not happen again. BS story the driver gave me.

Okay, okay.... I was being a little snarky. Sorry. ;)

Now, I'm no DOT officer but... I think I understand your confusion. You're wondering HOW he can have NO RODS for previous week if he actually HAD false logs for that week? Simple... in their eyes, false logs are the same as having NO (valid) logs. So, you get hit twice!

IF he actually had two books, the way it is written, it seems as if he was showing the SAME hours "on duty." All he had to do was mark the ruined logs as VOID. (and/or just not show him the second book!)

I don't know if CSA has any kind of "arbitration" procedure, but I would find out if I were you. IF the logs show identical duty hours (not trying to cheat and run extra hours,) you MIGHT could get them to waive the offense as far as your rating goes. But, I doubt it as the OOS decision was valid under the circumstances.

If it were me, I'd challenge on DataQs based on two violations for one violation. My opinion (everyone has one) is that you might be able to get one violation taken off.

You're screwed! As a professional truck driver, it is your job/responsibility to maintain ALL your logs! I wouldn't hit the road if my records wasn't in order. Take the time, and get compliant. Wait, those citations may retire you because they're going to be expensive. Good luck!